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2024 Supreme(Online)(KER) 41948

HIGH COURT OF KERALA
SOPHY THOMAS, J
P.HANEEFA – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.BABU S. NAIR, SRI.P.SAMSUDIN, SMT.SEENA C.

JUDGMENT

These appeals are at the instance of accused Nos.1 to 6 in SC No.313 of 2003 on the file of Additional Sessions Court Fast Track Court No.III (Ad Hoc), Manjeri, challenging their conviction and sentence under Sections 143 , 147, 148, 353, 332 read with Section 149 of IPC , as per judgment dated 26.12.2007.

2. The prosecution allegation is that, on 18.10.2001 night, accused Nos.1 to 10 encroached into the reserve forest at Chaliyar Mukku, and unauthorisedly cut down a teak tree. PW1 and other forest officials, who were engaged in beat duty, at about 12.45 midnight, heard the sound of a tree falling down, and they proceeded to that place, and then the accused persons, with their common object of doing away with the forest officials, and to deter them from discharging their official duty, formed themselves into an unlawful assembly, armed with deadly weapons, committed rioting and assaulted PW1 and other forest officials, using dangerous weapons and caused hurt to them. So, they were charged under Sections 143 , 147, 148, 353, 332, 307 read with Section 149 of IPC .

3. On committal of the case by the learned Judicial First Class Magistrate, Nilambur, all the accused appeared

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