SAJEEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) BY judgment dated 23/12/2005 in SC No. 478/00 of the Court of Sessions-Thalassery, the appellants herein, who are accused Nos. A1 to A3, were found guilty of the offences under Sections 143, 147, 148, 324, 307 r/w 149 of IPC and Sections 3 and 5 of the Explosive Substances Act, 1908, (hereinafter referred to as 'Explosive Substances Act') and thus they are convicted and sentenced thereunder. Aggrieved by the above order of conviction and sentence, the accused therein preferred this appeal.

(2.) THE prosecution case is that on 13/10/1998 at 6.30 pm, the accused persons and 6 unidentified persons armed with weapons such as Koduval, bomb etc. came in a jeep bearing registration no. KRZ-7455 and formed themselves into an unlawful assembly near the road junction at Vilakottur in Poyiloor desom, Triprangottur and in furtherance of the common object of the above unlawful assembly of committing murder of PW 2, A1 exhorted to kill PW 2 and flung the Koduval at PW 2 and cut him on his left hand and A1 and A2 cut at both legs of PW 2 and the other accused persons have cut on the head and leg of PW 2 and injured PW 2 and caused bomb explosion and thereby exploded bombs and thus the accused persons have committed the above said offences. On the basis of the above allegation, crime no. 113/98 of Kolavallur Police Station was registered for the offences punishable under Sections 143, 147, 148, 324, 307 r/w 149 of IPC and Sections 3 and 5 of the Explosive Substances Act.

(3.) THUS , when the accused appeared before the Principal Assistant Sessions Court, after hearing the prosecution as well as the defence, a formal charge was framed against them for the offences punishable under Sections 143, 147, 148, 324, 307 r/w 149 of IPC and Sections 3 and 5 of the Explosive Substances Act and when the said charge was read over and explained to the accused, they denied the same and pleaded not guilty. During the further trial of the case in the present Trial Court, the prosecution has examined PWs. 1 to 10 and produced Exts. P1 to P10 documents. MO 1 series of choppers are identified as material objects. Though no witness is examined from the side of the defence, Exts. D1 to D10 were marked as defence exhibits. The Trial Court, finally, found that the prosecution has proved that the accused persons are the members of the unlawful assembly and have committed the offence of attempt to commit murder of PW 2 and caused hurt to PW 2 with MO 1 series of choppers and have used explosive substance in the incident and accordingly found that the accused are guilty for the offence punishable under Sections 143, 147, 148, 324, 307 r/w 149 of IPC and Sections 3 and 5 of the Explosive Substances Act and they are convicted thereunder. On such conviction, the appellants/accused A1 to A3 are sentenced to undergo rigorous imprisonment for 2 months for the offence under S.143 of IPC. Similarly, each of them is sentenced to undergo rigorous imprisonment for 2 years each for the offences under Sections 148 and 324 of IPC. They are also sentenced to undergo rigorous imprisonment for 5 years and each of them is sentenced to pay a fine of Rs.10,000/- and in default, to undergo simple imprisonment for one year for the offence under S.307 of IPC. Besides the above, each of the accused is sentenced to undergo rigorous imprisonment for 10 years and each of them to pay a fine of Rs.10,000/- and in default, to undergo simple imprisonment for 1 year under S.3 of the Explosive Substances Act and further sentenced them to undergo rigorous imprisonment for 5 years and each of them to pay a fine of Rs.10,000/- and in default, to undergo simple imprisonment for 1 year for the offence under S.5 of the Explosive Substances Act. No separate sentence is imposed on them for the offence under S.147 of IPC, since sentence has already been imposed for the offence under S.148 of IPC. It is ordered that the sentence shall run concurrently and set off was allowed. It is further directed that if the fine amount is realised, Rs.5,000/- shall be paid to PW 2 as compensation under S.357 of CrPC. It is the above findings, order of conviction and sentence, are challenged in this appeal preferred by accused nos. 1 to 3 in the above sessions case.