The court upheld the conviction of the accused for unlawful assembly and assault, modifying the charge from Section 308 IPC to Section 324 IPC due to insufficient evidence.

Headnote:(A) Indian Penal Code, 1860 – Sections 143, 147, 148, 308, 427, 447, and 149 – Conviction and sentence of accused for forming unlawful assembly and causing injuries – The trial court found the accused guilty based on testimonies of injured witnesses and medical evidence, despite inconsistencies in witness statements. (Paras 1-20)

(B) Evidence – The court emphasized that recovery of the weapon is not essential for conviction if the testimonies are credible and supported by medical evidence. (Paras 16-19)

Facts of the case: The accused attacked PW1 and his friends at Anandu Engineering Workshop, causing injuries and property damage. The incident stemmed from a prior enmity.

Findings of Court: The trial court's conviction was upheld for most charges, but the conviction under Section 308 IPC was modified to Section 324 IPC due to insufficient evidence for the former.

Issues: Whether the conviction and sentence were sustainable based on the evidence presented.

Ratio Decidendi: The court ruled that the evidence of injured witnesses was credible despite minor inconsistencies, and the nature of the assault warranted a conviction under Section 324 IPC.

Result: The appeal was partially allowed, modifying the sentence for certain offences.

J U D G M E N T

In this appeal filed under Section 374(2) Cr.P.C., the appellants who are accused no.1 to 6 in S.C.No.694/2010 on the file of the Court of Session, Alappuzha, challenges the conviction entered and sentence passed against them for the offences punishable under Sections 143 , 147, 148, 308, 427 and 447 read with Section 149 IPC .

2. The prosecution case is that the accused persons, six in number, due to their enmity towards PW1 and with the intention of causing such injury which may cause death, formed themselves into an unlawful assembly armed with dangerous weapons and on 23/02/2009 at 03:30 p.m. criminally trespassed into the compound of Anandu Engineering Workshop situated in Ward No.IV of Nooranad grama panchayath and in furtherance of their common object, the first accused (A1) with the M.O.1 iron pipe tried to beat PW1 on his head, which the former warded off/evaded. A1 then beat him on his left arm and neck causing pain. The second accused (A2) snatched M.O.1 from A1 and tried to beat PW1 at which time PW9 intervened. A2 then beat PW9 with M.O.1 pipe on his left hand above his elbow causing a contusion. Accused no.3 to 6 ( A3 to A6) repeatedly beat and fisted PW3, PW4, PW10 and PW11, the friends of PW1, on their chest and back causing pain. A2 damaged the welding machine by pushing it down. A2 smashed the windshield of the car of PW12 causing a loss of ₹30,000/-. In the scuffle, PW1 lost a portion of his gold chain. Had the blow by the first accused hit PW1 on his head, it would have resulted in the death of the latter. Hence as per the final report, the accused were alleged to have committed the offences punishable under the above mentioned sections.

3. On the basis of Ext.P1 FIS given by PW1, PW13 the ASI, Nooranad police station, registered crime no.107/2009, that is, Ext.P12 FIR. The initial investigation was conducted by PW14, the then Sub Inspector, Nooranad police station. Thereafter PW15, the then SHO, Nooranad police station verified the investigation and submitted the charge sheet/final report before the jurisdictional magistrate. The final report was taken on file as C.P.No.3/2010. After complying with all the legal formalities, the case was committed to the Court of Session, Alappuzha. It was made over to the Assistant Sessions Court, Mavelikkara for trial and disposal. The case was thereafter withdrawn from the Assistant Sessions Court and made over to the Additional Sessions Judge-III, Mavelikkara for trial and disposal.

4. After appearance of all the accused persons before the trial court, on 19/07/2012, a charge for the offences punishable under Section 143 , 147, 148, 447, 308, 427 read with Section 149 IPC was framed, read over and explained to the accused persons to which they pleaded not guilty. On behalf of the prosecution, PWs.1 to 15 were examined and Exts.P1 to P16 and M.O.1 were got marked in support of the case.

5. After the close of the prosecution evidence, the accused were questioned under Section 313(1)(b) Cr.P.C., regarding the incriminating circumstances appearing against them in the evidence of the prosecution. The accused persons denied those circumstances and maintained their innocence.

6. As the trial court did not find it a fit case to acquit the accused under Section 232 Cr.P.C., they were asked to enter on their defence and adduce evidence in support thereof. No oral or documentary evidence was adduced by the accused persons. Exts.D1 to D4 are the contradictions brought out in the statement of the prosecution witnesses.

7. On a consideration of the oral and documentary evidence and after hearing both sides, the trial court by the impugned judgment found the accused persons guilty of the offences charged against them and hence they have been sentenced to rigorous imprisonment for three years each and to a fine of ₹10,000/- each and in default to rigorous imprisonment for three months each for the offence under Section 308 IPC ; to rigorous imprisonment for one month each f

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2024 Supreme(Online)(KER) 33436

The court upheld the conviction of the accused for unlawful assembly and assault, modifying the charge from Section 308 IPC to Section 324 IPC due to insufficient evidence.

Cases Referred (5)