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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
N.P.BASHEER – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of facts and case background. (Para 1 , 2 , 3) |
| 2. assessment of evidence and judicial findings. (Para 4 , 5) |
| 3. conclusion on conviction and sentence modification. (Para 6) |
ORDER
The concurrent findings of the Special Judicial First Class Magistrate (Marad Cases), Kozhikode, and the Additional Sessions Court, Fast Track (Adhoc-II), Kozhikode, in C.C.No.4 of 2004 and in Crl.A.No.363 of 2004 respectively, convicting and sentencing the petitioner (2nd accused) for the commission of the offences under Sections 143 and 153A IPC read with Section 149 , are under challenge in this revision petition.
2. The prosecution case is that on 04.01.2002 at about 04.05 pm, the petitioner, along with 11 other persons, formed themselves into an unlawful assembly with the common object of promoting disharmony, feeling of ill will and hatred between Hindus and Muslims, committed rioting and took procession exhorting others to attack Hindus, and thereby committed the aforesaid offences. The Sub Inspector of Police, Beypore, had filed the Final Report alleging the commission of the offences underSections 143, 147 and 153A IPC read withSection 149IPC against the petitioner and
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