IMPORTANT POINT
The conviction of accused based on reliable testimonies of injured witnesses is valid, and the absence of independent witnesses does not undermine the prosecution's case.

ORDER :

A. Badharudeen, J.

This Criminal Revision Petition has been filed under Sections 401 and 397 of the Code of Criminal Procedure (for short 'Cr.P.C.' hereinafter) challenging the judgment in Crl. Appeal No.289/2016 on the files of the Additional Sessions Court-IV, Thalassery, arising from the judgment in C.C.No.420/2001 on the files of the Judicial First Class Magistrate Court, Mattannur. The revision petitioners are accused Nos.1 to 4 in the above case.

2. Heard the learned counsel for the revision petitioners and the learned Public Prosecutor in detail. Perused the concurrent verdicts under challenge and the points argued by the learned counsel for the revision petitioners.

3. The parties in this revision petition will be referred hereafter as 'prosecution' and 'accused' for easy reference.

4. As per the judgment dated 29.11.2016 in C.C.No.420/2001, the learned Magistrate, after trying accused Nos.1 to 4 jointly, found that they were guilty for the offences punishable under Sections 323, 324, 326, 427 and 452 read with 34 of the Indian Penal Code (for short 'IPC' hereinafter) and accordingly, they were sentenced as under;

In the result, Accused Nos.1 to 4 are sentenced to undergo Rigorous imprisonment for 2 years and to pay a line of Rs.10,000/- (Ten thousand only) each for the offence punishable under sec. 326 r/w 34 of IPC. Accused Nos. 1 to 4 are sentenced to undergo Rigorous imprisonment for 1 year each for the offence punishable under sec. 324 r/w 34 of IPC. Accused Nos. 1 to 4 are sentenced to undergo Rigorous imprisonment for 6 months each for the offence punishable under sec. 323 r/w 34 of IPC. Accused Nos.1 to 4 are sentenced to undergo Rigorous imprisonment for 6 months and to pay a fine of Rs. 10,000/- (Ten thousand only) each for the offence punishable under sec. 427 r/w 34 of IPC Accused Nos.1 to 4 are sentenced to undergo rigorous imprisonment for 1 year and to pay a fine of Rs. 5000/- under Sec. 452 r/w 34 of IPC. In default of payment of fine, accused shall suffer Rigorous imprisonment for further period of 3 months each respectively. The sentence shall run concurrently. Set off is allowed against the period of detention if any undergone by them as under trial. Fine amount if realized shall be forfeited to the Government. The material object (MO1 to MO3) shall be destroyed after the expiry of appeal period as they are valueless.

5. Though appeal was preferred, the learned Appellate Judge confirmed the conviction and sentence, and now the accused persons are before this Court. On perusal of the records, it is seen that initially, accused Nos.1 to 3 were tried by examining PW1 to PW4. Adverting to the evidence given by them, additional 4th accused also was impleaded by invoking power under Section 319 of Cr.P.C. Thereafter, the learned Magistrate opted the procedure of joint trial of accused Nos.1 to 4. Accordingly, PW1, PW2 and PW4 were recalled and examined again, as part of fresh trial against the 4th accused. Further, PW5 to PW8 were also examined. Accordingly, the evidence of prosecution is confined to that of PW1 to PW8, Exts.P1 to P4, and MO1 to MO5. On the side of the accused, DW1 examined and Exts.D1 to D10 contradictions also were marked.

6. The prosecution case is that on 25.01.2001 at 23.00 hrs the accused persons along with other identifiable persons formed themselves into an unlawful assembly at Karaperavur in Keezhallur Amsom and in furtherance of their common object to commit crime; trespassed upon the house, where PWI and family reside, bearing No.63/VII of Keezhallur Panchayath, with dangerous weapons; then, accused No.1 voluntarily caused grievous hurt to PWI by hitting with a wooden piece on his face, accused No.4 threw a rounded object and it hit on the nose of PW1, accused Nos.2 and 3 caused hurt to PW2 by beating with an iron rode on his head. In the same transaction other accused beat PW2 with hands. Further, the accused persons destroyed the door, window pane and caused damage to the tun