BAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) After hearing learned counsel for the appellant we dp not find any serious error for persuading us to interfere with the concurrent findings of the facts. The first appellant was convicted under Section 302 of the IPC besides other offences. The remaining accused were convicted under Section 325 with the help of Section 149 of the 1pc and they were sentenced to undergo rigorous imprisonment for 4 years each, besides other counts for which lesser sentences have. been imposed. They were also sentenced to fine.

(2.) The testimony of PW 1 to PW 3 was relied on by the trial Court and the High Court for entering the aforesaid conviction. An endeavour was made to de-link A5,from the unlawful assembly on the premises that A5 reached the spot on a bicycle and after the occurrence he left in an auto-rickshaw. But that fact is not enough to Separate him from the remaining assailants when all of them formed themselves into an unlawful assembly at a particular point of time. The appeal is accordingly dismissed. Appeal dismissed.