JUDGMENT :

The appellants are accused Nos.1, 2 and 5 in S.C.No.81 of 2014 on the file of the Additional Sessions Court-I, Kalpetta. The aforesaid Sessions Case arises from crime No.373 of 2011, which was registered by Station House Officer, Meppadi Police Station for the offences punishable under Sections 120B, 143, 147, 148, 324, 326 and 307 read with Section 149 IPC.

2. The prosecution case in brief is as follows:

PW1 and his family are residing in a hut in a property which was encroached by them in a reserved forest at Withgard in Wayanad District. The encroachment was made by about 300 families under the leadership of Sri.Sam P. Mathew, the 5th accused herein, who is the leader of a political party named CPI(ML). Later, some difference of opinion occurred between the said Sam P.Mathew and some of the families of the encroachers. Consequently, some of them including PW1 who were originally members of CPI(ML) resigned from the said party and joined in a political party named Jantha Dal. On account of the same, the 5th accused was having some animosity with PW1, as he was under the impression that it was PW1 who instigated others to leave the party. Presumably because of this, there was consistent attack on the shed constructed by PW1. On 19.12.2011 at about 9 am, while he was constructing a new shed in the encroached land, the 5th accused came there and cautioned PW1 and instructed him not to construct any shed in that property. Later, as PW1 continued with the construction of the shed with the help of his wife PW2 and neighbour PW4, accused Nos.2 to 4 and another came to the spot, carrying dangerous weapons such as choppers and iron pipes, inflicted cut injuries upon PW1 with chopper and also beaten him with iron pipe. PW2 also sustained injury while she intervened and attempted to protect PW1. Immediately, the injured persons were taken to hospital from where First Information Statement was recorded and case was registered. After completing the investigation, police submitted charge sheet against the accused 1 to 5 herein for the offences mentioned above. The aforesaid case was taken on file as C.P.No.40 of 2013 by the learned Magistrate and after completing the committal proceedings, it was committed to Principal Sessions Court, Kalpetta, from where it was taken on file as S.C.No.81 of 2014.

3. In support of the prosecution case, 18 witnesses were examined, Exts.P1 to P42 were marked and Material Objects 1 to 12 were identified. After closure of the evidence, accused were examined under Section 313 of Cr.P.C, by putting incriminating materials brought out in evidence to them. All the accused denied the said imputations and pleaded innocence of all the allegations. It was stated by them that, the case itself was falsely hoisted against them on the reason of political rivalry.

4. After evaluating the materials brought out in evidence, the learned Sessions Judge arrived at a finding that accused Nos.3 and 4 are not guilty. However, A1 and A2 were found guilty for the offences as mentioned above and they were sentenced to undergo imprisonment for three months each under Section 143 IPC, nine months under Section 147 IPC, two years under Section 148 IPC, two years under Section 324 read with 149 IPC, five years under Section 149 IPC, five years and to pay a fine of Rs.10,000/- with default sentence of rigorous imprisonment for one year under Section 326 read with 149 IPC and they were sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for one year under Section 307 read with 149 IPC. The 5th accused was also found guilty for the offences and was sentenced to undergo imprisonment for two years under Section 120B read with Section 324 IPC, rigorous imprisonment for five years and a fine of Rs.10,000/- with default sentence of rigorous imprisonment for one year under Section 120B read with Section 326 IPC and also sentenced to undergo rigorous impris