Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
IN THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASSI,
VAIKOM.
Present: Smt. Parvathy Vijayan., B.A., LL.M.,
Nyayadhikari Grama Nyayalayam, Nanadom, Vaikom
(Holding full additional charge of the Judicial Magistrate of the I ClassI, Vaikom)
Friday the 3 August, 2018/12th Sravana, 1940
rd
C.C.116/2013
Complainant: State represented by the Sub Inspector of Police,
Velloor Police Station in Cr.No.529/2012
By Sri. R. Rajesh., A.P.P.
Accused: 1. Biju S/o. Mathai., Parasseri house,
Karikkodu kara, Mulakkulam Village.
2. Jacob S/o. Varghese, Kalayil house,
Karikkodu kara, Mulakkulam Village.
3. Ealias S/o. Varghese., Parasseri house,
Mulakkulam south kara, Mulakkulam Village.
4. George S/o. Varghese., Parasseri house,
Karikkodu kara, Mulakkulam Village.
5. Chacko S/o. Isahaq, Pappanasseri house,
Karikkodu kara, Mulakkulam Village.
By Adv. Sri. Jayas C. Conadam
Adv. Sri. B. Biju
Offence: U/ss. 143, 147, 148, 447, 324, 326, 323, 341, 427 read
with section 149 of Indian Penal Code
Plea: Not guilty
Finding: Not guilty
Sentence: Accused are acquitted under section 248(1) of Criminal
Procedure Code for the offence under section 143, 147,
148, 447, 324, 326, 323, 341, 427 read with section 149
of Indian Penal Code.
2
DESCRIPTION OF THE ACCUSED
Name Father's name Occupation Residence Age
1. Biju Mathai .. Mulakkulam 41
2. Jacob Varghese .. Mulakkulam 48
3. Ealias Varghese .. Mulakkulam 49
4. George Varghese .. Mulakkulam 55
5. Chacko Isahaq .. Mulakkulam 60
Date of:
Offence Complaint Apprehension Release on bail
21.12.12 22.12.12 24.12.12(A1,3 to 5) 24.12.12(A1,3 to 5)
12.07.18 (A2) 12.07.18 (A2)
Commencement of Close of trial Sentence/Order Explanation of
trial delay, if any
25.08.14 30.07.18 03.08.18 ..
This case having been finally heard on 30.07.2018 and the court on
03.08.2018 delivered the following;
JUDGMENT
The accused stand charge sheeted by the Sub Inspector of Police, Velloor
Police Station alleging offence punishable under sections 143, 147, 148, 447, 324,
294(b), 326, 323, 341, 427 read with section 149 of Indian Penal Code.
2. The prosecution case in brief is as follows;
common object, on 21.12.2012 at 9 p.m, found in a rioting manner armed with
deadly weapons and uttered obscene words to CW1 in front of office of brick
causing fracture on his small finger, accused No.2 had caught hold on the dhothi of
CW1 and wrongfully restrained him, accused No.3 stamped on the stomach of CW1
and accused No.4 stabbed with a broken bottle causing injury on the right ankle of
CW1. When CW2 tried to obstruct the act of accused, accused No.2 hit on the back
of CW2 causing pain and accused No.5 pelted a brick towards the glass of the office
causing damages to the tune of Rs.8000/. Thereby the accused committed the
aforesaid offences.
3. On filing final report, cognizance was taken only for offence under sections
143, 147, 148, 447, 324, 326, 323, 341, 427 read with section 149 of Indian Penal
Code as there was no ingredients of offence under section 294(b) of Indian Penal
Code. On appearance of accused No.1 and 3 to 5, they were served with copy of the
relevant records. After hearing, charge under sections 143, 147, 148, 447, 324, 326,
323, 341, 427 read with section 149 of Indian Penal Code was framed, read over
and explained to the accused, to which they pleaded not guilty.
4. The prosecution has examined PW1 to PW3 and marked Ext.P1.
Meanwhile, accused No.2 surrendered before the court. He was supplied with the
copies of prosecution records and enlarged on bail. When charge was read over and
hostile, examination of remaining witnesses were given up by the prosecution. As
under section 313 of the Criminal Procedure Code was dispensed with. No defence
evidence adduced.
5. Heard both sides.
6. Points for determination are:
(i) Whether accused formed themselves into an unlawful assembly with the common
object of causing hurt to PW1?
(ii) Whether power of violence was used by the unlawful assembly to which accused were
members in prosecution of the common object of that assembly?
(iii) Whether accused committed rioting armed with deadly weapons?
(iv) Whether accused committed criminal trespass with the intention to cause hurt to PW1?
(v) Whether accused voluntarily caused simple hurt to PW1?
(vi) Whether accused No.2 voluntarily caused simple hurt to PW2?
(vi)i Whether accused No.1 and 4 voluntarily caused hurt to PW1 with iron rod and broken bottle?
(viii) Whether accused No.2 cause gievous hurt to PW1 using iron rod?
(ix) Whether accused No.2 cause wrongful restraint to PW1?
(x) Whether accused No.5 cause mischief to the tune of Rs.8,000/?
(xi) Whether the accused committed the offence in prosecution of the common object of the unlawful assembly
to which they were members?
(xii) If so, sentence or order ?
7. Points No.1 to 11: Since the facts of these points are interconnected, they
can be considered jointly for the sake of convenience.
8. PW1 is the injured. He deposed that the incident happened on 21.12.2012
at 9 p.m in the office where he works. He deposed that four persons trespassed into
his office and had beaten on the right hand with iron rod causing fracture to his
right small finger. He further deposed that he was stamped and he fell down. He
also deposed that he was injured with a broken bottle and destroyed the glass of the
cabin. He also deposed that PW2 who came to obstruct the act of the accused was
Vaikom. He deposed that he had given Ext.P1 first information statement. He had
not identified the accused. He deposed that the matter has been settled between
parties. He was declared hostile to the prosecution.
9. PW2 is also injured in this case. He deposed that the incident happened at
10 p.m on 21.12.2012. He further deposed that four persons entered into the office
and restrained and injured them. He also deposed that they h ad taken treatment.
He deposed that the matter has been settled with the parties. He was declared
hostile to the prosecution.
10. PW3 and PW4 are the occurrence witness cited to prove the incident.
Both of them deposed that they had not seen the incident. They had given evidence
against the prosecution. They were declared hostile by the prosecution. Since there
is no evidence against the accused, prosecution has failed to prove the offences
alleged against the accused. Points are found against the prosecution.
11. Point No. 12: In view of my finding on points No.1 to 11, accused are
found not guilty for the offence under sections 143, 147, 148, 447, 324, 326, 323,
341, 427 read with section 149 of Indian Penal Code.
12. In the result accused are acquitted under 248(1) Cr.P.C. for the offence
under sections 143, 147, 148, 447, 324, 326, 323, 341, 427 read with section 149 of
Indian Penal Code. Bail bonds of accused stand cancelled and they set at liberty.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by
me and pronounced in open Court on this the 3rd day of August, 2018.
PARVATHY VIJAYAN.,
Judicial Magistrate of the First ClassI.
6
APPENDIX
Witnesses for the prosecution
Exhibits for the prosecution
P1 First information statement dated 22.12.12
Witnesses and exhibits for the defence
NIL
Material objects marked
NIL
Judicial Magistrate of the I ClassI.