The accused Nos. 1 to 4 in S.C.No.407/2005 on the file
of the Additional Sessions Court (Adhoc I), Pathanamthitta,
have preferred this appeal challenging the judgment of
conviction and the order of sentence passed against them for
the offences punishable under Sections 341, 324, and 326 r/w
34 of the Indian Penal Code.
2. The case of the prosecution in brief is as follows;
The accused, CW1 and CW2, were initially followers of
the CPI(M), a political party. Subsequently, accused severed
their association with CPI(M) and joined another political party
named KDP. CW1 later contested in a local body election under
the banner of CPI(M), and consequently, the accused
developed animosity towards CW1 and CW2. While so, on
09.01.2002 at 1.15 p.m., CW1 and CW2 came in an
autorikshaw driven by CW3 and stopped near a rice mill at
Mamoodu. Thereafter, CW2, after alighting from the
autorikshaw, went to a nearby shop. Then the accused Nos. 1
to 4, in furtherance of their common intention, encircled the
2025:KER:5285
autorikshaw in which CW1 was sitting. The 1st accused then
caught hold of the hair of CW1 and pulled him out of the
autorikshaw and hacked him with a sword stick, causing
injuries to his right palm and fingers. Then the 2nd accused
hacked at the rib portion of CW1 using a sword stick, and the
3rd accused struck CW1 on his hand with another sword stick.
Meanwhile, the 4th accused hit on the back and neck of CW1
with a stone. When CW3, the driver of the autorikshaw,
attempted to intervene and asked the accused not to assault
CW1, the accused Nos. 2 to 4 beat him with their bare hands.
Upon seeing the same when CW2 rushed to the spot, the 2nd
accused hacked at his chin with a sword stick. Moreover, the
4th accused struck CW2 on the right side of his face using a
stone, causing fracture of mandible. Thereafter, accused Nos.
1, 2, and 4 restrained CW2 and threatened him not to disclose
the same to anybody, and the 3rd accused caught hold of the
tongue of CW2 and inflicted a cut injury on it. Hence, the
accused are alleged to have committed the offences punishable
under Sections 341, 324, 326, and 307 r/w 34 of the IPC.
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