RAJEEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal against conviction for offences under Section 302 read with Section 34, Indian Penal Code passed by the High Court in reversal of an Order of acquittal passed by the Court of Session.

(2.) The Prosecution case is as follows :

(3.) That consequent to an election in the local High School, Meppayur, Kozhikode, Kerala there was some clash between two students political factions. The baton of clash was handed over to the respective parent political parties. During the on going clash, it is alleged that the deceased Ibrahim-a worker of Communist Party of India (Marxist) had entered into the nearby temple and beaten up some BJP/RSS workers. It is also alleged that his entry had rendered the temple impure. Later on a meeting was said to be convened to condemn the entry of non-Hindu Ibrahim to the temple. This incident was cited as the motive of the accused to murder Ibrahim.