REVEENDRAN Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal No. 50 of 1985 is by accused 2, 3 and 4 against their conviction and sentence. In Crl. R. P. No. 61 of 1985, accused 1 and 5 also challenge their conviction and sentence. Criminal Appeal No. 213 of 1985 is by the State against the acquittal of accused 1, 2, 4 and 5 for the offences under S.143, 147, 148 and 302 read with S.149 of the Indian Penal Code.

(2.) ACCUSED 1 to 3 are direct brothers. PW 19 is their direct sister. PW 20 is her husband. He is a Head Constable. PW 5 Kuttan is the brother of their father. Accused 4 and 5 are the sons of the first accused. PW 1 and deceased Suresh Kumar alias Boban are the sons of PW 19 and 20. PWs 4 and 11 are the sons of PW 5. PW 15 is the wife of the third accused and PW 16 is the wife of PW 5. The parties are thus close relations. They are neighbours also.

(3.) UNLAWFUL assembly, rioting and common object to commit murder were found against by the Sessions Judge. Third accused alone was found guilty of murder and sentenced to imprisonment for life. Accused 1, 2 and 5 each were convicted only under S.323. Accused 1 and 5 were sentenced to rigorous imprisonment for one month each and second accused to rigorous imprisonment for six months. Fourth accused was convicted under S.324 and sentenced to rigorous imprisonment for one year.