The court upheld the conviction for certain offences while noting procedural irregularities in the trial, ultimately modifying the sentence to one day imprisonment and compensation.

J U D G M E N T

In this appeal filed under Section 374(2) Cr.P.C ., the appellants who are accused nos. 1 to 3 in S.C.No.48/2013 on the file of the Court of Session, Thodupuzha challenge the conviction entered and sentence passed against them for the offences punishable under Sections 341 , 323 , 326 and 452 read with Section 34 IPC .

2. The prosecution case is that on 30/06/2012 at 04:30 p.m the accused persons in furtherance of their common intention criminally trespassed into the shop room of PW1 situated in Ward No.III, Kumily Grama Panchayat and abused him by calling obscene words. The first accused with a chopper tried to hack PW1 which was warded off by the latter. The second accused wrongfully restrained PW1 and hit him on his back causing pain. The third accused with a reaper beat PW1 on his head causing hurt as well as grievous hurt. The accused persons attacked PW1 with the knowledge that by their act even death could be caused. Hence, the accused persons as per the final report were alleged to have committed the offences punishable under Sections 452 , 294(b) , 341 , 323 , 326 and 308 read with Section 34 IPC .

3. Crime no.626/2012, Kumily Police Station, that is, Ext.P5 FIR was registered by PW8, Sub Inspector of Police, Kumily Police Station based on Ext.P1 FIS of PW1 which statement was recorded by PW7, Additional Sub Inspector, Kumily Police Station. PW8 conducted the investigation and on completion of the investigation submitted the final report alleging the commission of the offences punishable under the aforementioned Sections by the accused persons.

4. On appearance of the accused persons, the jurisdictional magistrate after complying with all the necessary formalities contemplated under Section 209 Cr.P.C ., committed the case to the Court of Session, Thodupuzha. The case was taken on file as S.C.No.48/2013 and thereafter made over to the Additional Sessions Judge-III, Thodupuzha for trial and disposal. The trial court on 02/04/2013, framed a charge for the offences punishable under Sections 452 , 294(b) , 341 , 323 , 326 and 308 read with Section 34 IPC , which was read over and explained to the accused persons to which they pleaded not guilty.

5. On behalf of the prosecution, PW1 to PW9 were examined and Exts.P1 to P14, X1 and M.O.1 to M.O.4 were got marked in support of the case. After the close of the prosecution evidence, the accused was questioned under Section 313(1)(b) Cr.P.C . with regard to the incriminating circumstances appearing against them in the evidence of the prosecution. The accused persons denied all 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.

7. On a consideration of the oral and documentary evidence and after hearing both sides, the trial court by the impugned judgment found no evidence to find accused persons guilty of the offences punishable under Sections 308 & 294(b) IPC and hence they were acquitted of the said offences under Section 235(1) Cr.P.C . However, they have been found guilty of the offences punishable under Sections 452 , 341 , 323 and 326 read with Section 34 . Accused persons have been sentenced to rigorous imprisonment for three years each and to a fine of ₹10,000/- each of the offence punishable under Section 326 read with and in default to rigorous imprisonment for three months each ; to simple imprisonment for two years each and to a fine of ₹5,000/- each and in default to simple imprisonment for two months each of the offence punishable under Section 452 and simple imprisonment for one month each of the offences punishable under Sections 341 and 323 read with . The sentences have been directed to run concurrently. Out of the fine amount, if realized, an amount of ₹25,000/- has been directed to be give