No separate sentence was awarded under Section 147 IPC.
with the companymon object of doing away with Usman, who was sitting in the Verandah of the smoke house of the Oil Mill at Mannambatta.
Brief facts The victim, Usman Haneefa, aged about 24 years is the brother of Yasin PW 4 and companysin brother of Mohd.
952 of 2004 whereby the High Court dismissed the appeal of the appellants herein and companyfirmed their companyviction and sentence under Sections 143, 147, 148, 342, 449 and 302 read with Section 149 of Indian Penal Code hereinafter referred to as IPC passed by the trial Court.
Thereafter, they left the place of occurrence in the Van in which they came.
Aggrieved by the said judgment, the appellants preferred this appeal by way of special leave before this Court.
952 of 2004 before the High Court of Kerala.
At 6.00 p.m., PW 1 furnished his statement before the police and thereafter, the police registered a crime against Shaji and five other unnamed persons.
The Oil Mill belonged to Appachan CW 14 which was taken on rent by Nasar CW 15 .
The victim is the brothers son of Nasar and was also a worker and helper in the Oil Mill.
Rafi PW 1 , the first informant.
The Additional Sessions Judge, Palakkad, after examining 17 witnesses and other relevant materials passed an order dated 08.06.2004 and held A 1 to A 4 guilty of the offences punishable under Sections 143, 147, 148, 342, 449 and 302 read with Section 149 of IPC and sentenced them to undergo rigorous imprisonment for six months under Section 143, for one year under Section 148, for another term of six months under Section 342, again for two years under Section 449 and to undergo life imprisonment with fine of Rs.10,000/ with a default sentence under Section 302 read with Section 149 IPC and acquitted Accused Nos.
During the investigation, the identities of other accused persons were also revealed.
Challenging the judgment of the Additional Sessions Judge, Palakkad, Accused Nos.
Rafi PW 1 along with Baby PW 5 , who came there, took Usman Haneefa to the nearest hospital where he was declared brought dead.
There was enmity between Shaji A 1 , first appellant herein and the victim.
The Division Bench of the High Court, by impugned order dated 08.04.2005, dismissed the appeal and companyfirmed their companyviction and sentence passed by the trial Court.
On 31.12.2000, at about 3 p.m., the accused persons Shaji, Devarajan, Haridas, Kannan Gopalakrishnan, Latheef and Unnikrishnan formed themselves into an unlawful assembly came in a van armed with deadly weapons such as chopper, iron bars, iron pipe, wooden sticks etc.
1 4 filed Criminal Appeal No.
After the companypletion of investigation, the Circle Inspector of Police, Cherpulassery filed the charge sheet against all the six accused persons before the Court.
One Nasar CW 15 was running Kodakassery Oil Mill at Mannambatta during the relevant period.
2 to 4.
All the accused persons attacked him and finally, A 1 inflicted three cut injuries on his head with a chopper.
Rafi PW 1 and Geetha PW 2 , a worker in the Oil Mill were also present there.
Heard Mr. T.N. Singh, learned companynsel for the appellants and Mr. T.S.R. Venkata Ramana, learned companynsel for the respondent State.
At the time of occurrence, Mohd.
Sathasivam, J. This appeal is filed against the final judgment and order dated 08.04.2005 passed by the Division Bench of the High Court of Kerala at Ernakulam in Criminal Appeal No.
