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2007 Supreme(Online)(KER) 30475

HIGH COURT OF KERALA
K.R. UDAYABHANU, J
RAGHAVAN BABU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.B.MOHANLAL, SRI. AMJAD ALI

ORDER

Revision petitioners who are the accused 1, 3 and 4 in C.C.No.682/1990, were convicted for the offences under Sections 143,147,148, 225(B), 353 read with Section 149 I.P.C and sentenced to undergo simple imprisonment for three months for the offence under Section 143 IPC and simple imprisonment for six months each for the offence under Section 147 IPC. A1 stands convicted for the offence under Section 225(B) IPC and sentenced to undergo simple imprisonment for three months.

2. The prosecution case is that on 28.3.1990 at about

10.45 a.m., CW2 and party arrested the first accused for possessing illicit liquor and when attempted to take A1 in the jeep of the Excise party, A2 to A4 along with 65 unidenfied persons formed themselves into an unlawful assembly with dangerous weapons like stick, chopper, axe, and stones etc. and took away A1 from the custody of excise party by force.

3. The evidence adduced in the matter consisted of the testimony of PWs 1 to 5 and Exts.P1 to P5.

4. PWs 1 to 3 Excise officials constituted the squad that apprehended A1. PW4 Excise Range Inspector forwarded Ext.P1 report of PW1 to the police vide his report ie, Ext.P2 before PW5 Sub Inspector/Investigating

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