(1.) Convictions confirmed and acquittals reversed at the hands of the Division Bench of the High Court of Kerela are under challenge before us. The accused, who got their acquittal confirmed, stand as freemen with no further challenge. Appropriately, our common judgment disposes of these appeals emanating from the same occurrence.
(2.) The deceased and the accused belong to two different political parties - one affiliated to CPI (M) and the other NDF (National Development Front). There was an altercation between the affiliated political members of CPI (M) and NDF on 17/7/2002 at about 4:00 p.m. with the deceased and P.W.8 as the CPI(M) members, and A-3 and A-10 as that of NDF. In the altercation the deceased had reportedly assaulted A-3.
(3.) Seeking to avenge, the accused, being 16 in numbers, assembled at the family house of A-5 on the same day (i.e.17/7/2002) at about 7:00 p.m. and hatched a conspiracy to take out the life of the deceased. In pursuance to the aforesaid decision, A-1 to A-13 went to the residence of the deceased on 18/7/2002 at about 9:30 p.m. in three material objects, namely, - (i) an auto-rickshaw, (ii) a motorbike, and (iii) a jeep, armed with deadly weapons like swords, knives, chopper, etc. While four of them (A-7, A-10, A-12, and A-13) waited outside, the others (A-1 to A-6, A-8, A-9, and A-11) barged in and indiscriminately attacked the deceased. In the process, they also exploded country bombs on two occasions.
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