K. NAZIRUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos.1, 2 and 5 in S.C.No.81 of 2014 on the file of the Additional Sessions Court-I, Kalpetta. The aforesaid Sessions Case arises from crime No.373 of 2011, which was registered by Station House Officer, Meppadi Police Station for the offences punishable under Ss. 120B, 143, 147, 148, 324, 326 and 307 read with Sec. 149 IPC.

(2.) The prosecution case in brief is as follows: PW1 and his family are residing in a hut in a property which was encroached by them in a reserved forest at Withgard in Wayanad District. The encroachment was made by about 300 families under the leadership of Sri.Sam P. Mathew, the 5th accused herein, who is the leader of a political party named CPI(ML). Later, some difference of opinion occurred between the said Sam P.Mathew and some of the families of theencroachers. Consequently, some of them including PW1 who were originally members of CPI(ML) resigned from the said party and joined in a political party named Jantha Dal. On account of the same, the 5th accused was having some animosity with PW1, as he was under the impression that it was PW1 who instigated others to leave the party. Presumably because of this, there was consistent attack on the shed constructed by PW1. On 19/12/2011 at about 9 am, while he was constructing a new shed in the encroached land, the 5th accused came there and cautioned PW1 and instructed him not to construct any shed in that property. Later, as PW1 continued with the construction of the shed with the help of his wife PW2 and neighbour PW4, accused Nos.2 to 4 and another came to the spot, carrying dangerous weapons such as choppers and iron pipes, inflicted cut injuries upon PW1 with chopper and also beaten him with iron pipe. PW2 also sustained injury while she intervened and attempted to protect PW1. Immediately, the injured persons were taken to hospital from where First Information Statement was recorded and case was registered. After completing the investigation, police submitted charge sheet against the accused 1 to 5 herein for the offences mentioned above. The aforesaid case was taken on file as C.P.No.40 of 2013 by the learned Magistrate and after completing the committal proceedings, it was committed to Principal Sessions Court, Kalpetta, from where it was taken on file as S.C.No.81 of 2014.

(3.) In support of the prosecution case, 18 witnesses were examined, Exts.P1 to P42 were marked and Material Objects 1 to 12 were identified. After closure of the evidence, accused were examined under Sec. 313 of Cr.P.C, by putting incriminating materials brought out in evidence to them. All the accused denied the said imputations and pleaded innocence of all the allegations. It was stated by them that, the case itself was falsely hoisted against them on the reason of political rivalry.