Document Fragment View

Matching Fragments

The revision petitioners herein are the nine accused in C.C. No.242/1998 of the Judicial First Class Magistrate Court, Chittur. They faced prosecution in the court below on the allegation that at about 6.50 p.m. on 5.5.1998, on the public road in front of the office of the Communist Party of India (Marxist) at Nallepilly Junction, they all obstructed the de facto complainant Chenthamarakshan, assaulted and attacked him due to political animosity, and inflicted injuries on his body with weapons. The police registered the crime on the F.I.Statement given by the said Chenthamarakshan, and after investigation, the police submitted final report in court. All the nine accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them under Sections 143, 147, 148, 341, 323, 324 and 355 read with Section 149 IPC.

2. The prosecution examined eight witnesses, and proved Exts.P1 to P7 documents in the trial court. The MO1 and MO2 properties, including the weapon of offence were also identified during trial. All the accused denied the incriminating circumstances, and projected a defence of total denial when examined under Section 313 Cr.P.C.. They did not adduce any evidence in defence.

3. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, they were sentenced to undergo rigorous imprisonment for three months each under Section 143 IPC, to undergo rigorous imprisonment for one year each under Section 147 IPC, to undergo rigorous imprisonment for two years each under Section 148 IPC, to undergo rigorous imprisonment for 15 days each under Section 341 IPC read with Section 149 IPC, to undergo rigorous imprisonment for six months each under Section 323 IPC read with Section 149 IPC, to undergo rigorous imprisonment for three years each under Section 324 IPC read with Section 149 IPC, and to undergo rigorous imprisonment for one year each under Section 355 IPC read with Section 149 IPC. Aggrieved by the judgment of conviction dated 27.4.2001, the accused approached the Court of Session, Palakkad with Crl.A. No.183/2001. In appeal, the learned Additional Sessions Judge (Adhoc)-I, Palakkad confirmed the conviction, but modified the sentence under Sections 148 and 324 IPC. The conviction and sentence under the other Sections were maintained. On modification, the sentence under Sections 148 and 324 IPC was reduced to rigorous imprisonment for one year each. The direction to pay a compensation of `10,000/- each to PW1 was also modified by a the appellate court, and the amount of compensation was reduced to `2,000/- each. Now, the accused are before this Court in revision, challenging the legality and propriety of the conviction and sentence.

8. The courts below have convicted the accused under Section 355 IPC also. What is punishable under Section 355 IPC is an act of assault with the object of dishonouring a person. Mere assault or infliction of injuries voluntarily during an assault, will not by itself attract Section 355 IPC. In this case, what is at the best proved is a mere voluntary assault by infliction of injury with common intention. There is nothing in the evidence of PW1, or in the F.I.Satement to show that the accused assaulted him, or inflicted injuries on his body with the object of dishonouring him. In the absence of such elements proving the object to dishonour the injured, the conviction under Section 355 IPC is also liable to be set aside.

2) are found guilty of the offences under Sections 341, 323 and 324 IPC, and they are convicted there under with the aid of Section 34 IPC. They are found not guilty of the offences under Sections 143, 147 and 148 IPC, and under Section 355 IPC. The conviction and sentence against the accused Nos.1 and 2 under the above Sections will stand set aside. But, the conviction against them under Sections 341, 323 and 324 IPC is confirmed in revision, subject to the modification that it shall be with the aid of Section 34 IPC. The sentence against the accused Nos.1 and 2 will stand modified and reduced as follows :-