ISMAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is filed against the judgment dated 25.1.2010 of the Ist Additional Sessions Court, Thrissur, whereby the learned Ist Additional Sessions Judge dismissed Crl.Appeal No.160 of 2006 filed by the revision petitioner/accused (hereinafter referred to as 'accused') challenging the conviction and sentence imposed by the Judicial First Class Magistrate Court, Kunnamkulam in C.C.No.305 of 2006 for the offences punishable under Section 143 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'the IPC ') and Section 3(1) of the Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as 'the PDPP Act').

(2.) The revision petitioner was the second accused in C.C.No.305 of 2006 on the file of the court of the Judicial First Class Magistrate Court, Kunnamkulam for the offences punishable under Sections 143 , 147 , 341 and 188 read with Section 149 of the IPC and Section 3(1) of the PDPP Act, which arose from Crime No.629 of 2000 of Kunnamkulam Police Station.

(3.) The case of the prosecution in brief is that on 24.11.2000, at about 8.00 p.m., all the accused formed themselves into an unlawful assembly armed with deadly weapons for the purpose of rioting and in prosecution of their common object, wrongfully restrained the car bearing registration No.KL-7/W-3879 belonging to the High Court of Kerala, while the car was proceeding through the Thrissur - Kunnamkulam road, and caused substantial damage to the said car and thereby committed a loss of Rs.3,150/- to the Government of Kerala. Thus the accused 1 to 3 are alleged to have committed the aforesaid offences.