AJMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The present set of three appeals filed by accused- appellants namely, Biju (accused no.1), Ashique Salam (accused no.2) and Ajmal (accused no.3) assail the correctness of the judgment and order dtd. 30/5/2019 passed by the High Court of Kerala in Criminal Appeal Nos. 91, 238 and 564 of 2014, whereby the aforesaid appeals were partly allowed. The conviction of these three appellants under Sec. 143, 147, 148 IPC (IPC - Indian Penal Code, 1860) read with sec. 149 IPC was set aside, however, their conviction and sentence under Sec. 341, 323, 324, 427 and 302 read with sec. 34 IPC as awarded by the Trial Court was confirmed.

(2.) At the outset, it may be pointed out that there were 10 (ten) accused, who were charge ­sheeted. The present appellants are accused nos. A1, A2 and A3. Four accused namely accused nos. 4, 5, 7 and 10 were acquitted of all the charges by the Trial Court. Further High Court acquitted three accused namely accused nos. 6, 8 and 9 of all the charges. Thus, out of 10 (ten) accused, the present three accused ­appellants A1, A2 and A3 stand convicted by the High Court and, as such, are before this Court.

(3.) According to the prosecution case the entire transaction was in three parts. It is briefly stated as under: