IMPORTANT POINT
The conviction of accused based on the reliable testimony of injured witnesses is valid, even without weapon recovery, as their evidence is corroborated by medical records.

JUDGMENT :

1. The accused Nos. 1 to 4 in S.C.No.407/2005 on the file of the Additional Sessions Court (Adhoc I), Pathanamthitta, have preferred this appeal challenging the judgment of conviction and the order of sentence passed against them for the offences punishable under Sections 341, 324, and 326 r/w 34 of the Indian Penal Code.

2. The case of the prosecution in brief is as follows:

The accused, CW1 and CW2, were initially followers of the CPI(M), a political party. Subsequently, accused severed their association with CPI(M) and joined another political party named KDP. CW1 later contested in a local body election under the banner of CPI(M), and consequently, the accused developed animosity towards CW1 and CW2. While so, on 09.01.2002 at 1.15 p.m., CW1 and CW2 came in an autorikshaw driven by CW3 and stopped near a rice mill at Mamoodu. Thereafter, CW2, after alighting from the autorikshaw, went to a nearby shop. Then the accused Nos. 1 to 4, in furtherance of their common intention, encircled the autorikshaw in which CW1 was sitting. The 1st accused then caught hold of the hair of CW1 and pulled him out of the autorikshaw and hacked him with a sword stick, causing injuries to his right palm and fingers. Then the 2nd accused hacked at the rib portion of CW1 using a sword stick, and the 3rd accused struck CW1 on his hand with another sword stick. Meanwhile, the 4th accused hit on the back and neck of CW1 with a stone. When CW3, the driver of the autorikshaw, attempted to intervene and asked the accused not to assault CW1, the accused Nos. 2 to 4 beat him with their bare hands. Upon seeing the same when CW2 rushed to the spot, the 2nd accused hacked at his chin with a sword stick. Moreover, the 4th accused struck CW2 on the right side of his face using a stone, causing fracture of mandible. Thereafter, accused Nos. 1, 2, and 4 restrained CW2 and threatened him not to disclose the same to anybody, and the 3rd accused caught hold of the tongue of CW2 and inflicted a cut injury on it. Hence, the accused are alleged to have committed the offences punishable under Sections 341, 324, 326, and 307 r/w 34 of the IPC.

3. Upon completion of the investigation, the final report was laid before the Judicial First Class Magistrate Court, Adoor. Being satisfied that the case is one triable exclusively by a Court of Session, the learned Magistrate, after complying with all the necessary formalities, committed the case to the Court of Session, Pathanamthitta, under section 209 of Cr.P.C. The learned Sessions Judge, having taken cognizance of the offences made over the case for trial and disposal to the Additional Sessions Court (Fast track Court-I), Pathanamthitta. On appearance of the accused before the trial court, the learned Additional Sessions Judge, after hearing both sides under section 227 of Cr.P.C. and upon a perusal of the records, framed a written charge against the accused for offences punishable under Section 341, 324, 326, and 307 r/w 34 of IPC. When the charge was read over and explained to the accused, all of them pleaded not guilty and claimed to be tried.

4. During the trial, from the side of the prosecution, PW1 to PW13 were examined and marked Exts.P1 to P15. After the completion of the prosecution evidence, the accused were questioned under Section 313 of Cr.P.C., during which all of them denied all the incriminating materials brought out in evidence against them. Thereafter, both sides were heard under Section 232 of Cr.P.C., and as it was not a fit case to acquit under the said sections, the accused were directed to enter on their defence and to adduce any evidence they may have in sup