This appeal has been preferred against the judgment
of conviction in SC No.24/2004 dated 31.05.2006 of the
Additional District and Sessions Court [Fast Track Court-III
(Adhoc)], Manjeri (for short, the trial court).
2. The appellants are the accused Nos.1, 3, 4
and 12. They along with the remaining accused are alleged
to have committed the offences punishable under Sections
143, 147, 148, 342, 323, 324, 120B and 307 read with
Section 149 of the Indian Penal Code, 1860 (for short, ‘IPC’)
and Sections 3 and 5 of the Explosive Substances Act, 1908.
3. The prosecution case, in short, is that, on
16.01.2001 at about 6 O’clock in the evening, the accused
formed themselves into an unlawful assembly and in
prosecution of their common object, came in front of the
Government School of Nursing at Cherakara road junction
which is situated near to the new block building attached to
District Hospital, Manjeri, and that the accused No.12 pelted
‘Gundu’ (explosive substance), exploded the same and the
accused Nos.3, 9 and 10 armed with deadly weapons along
CRL.A NO. 1057 OF 2006
2026:KER:49631
with the accused Nos.1, 2, 4 and 5 came to the spot of
incident and wrongfully restrained CW2 from proceeding
towards District Hospital, Manjeri, that accused Nos.6 to 8
had voluntarily caused hurt on CW2 by beating him with
hands and the accused Nos.3, 9 and 10 voluntarily caused
hurt on CW2 with deadly weapons with a view to murder him
and thereby all the accused committed the aforesaid
offences.
