SURESH @ UNNI @ VADI SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal challenges the judgment and order dtd. 6/12/2012 passed by the Division Bench of the High Court of Kerala at Ernakulam ("High Court" for short) in Criminal Appeal No. 871 of 2011 wherein the High Court partly allowed the said Criminal Appeal preferred by Suresh @ Unni @ Vadi Suresh, the present Appellant, and set aside the conviction of the present Appellant under Ss. 3(a) and 4(a)(i) of the Explosive Substances Act, 1908 and Sec. 27(1) of the Arms Act, 1958 while confirming the conviction of the present Appellant under Ss. 302, 307,143, 147, 148, 324, 326, 427 and 449 read with Sec. 149 of the Indian Penal Code, 1860 ("IPC" for short) as recorded by the learned Additional Sessions Judge, Ernakulam (hereinafter referred to as the 'trial court') in Sessions Case No.465 of 2008. The High Court also reduced the sentence of the present Appellant awarded under Sec. 307 read with Sec. 149 of the IPC from life imprisonment to rigorous imprisonment for 10 years along with a fine of Rs.10,000.00 and further modified the amount of fine payable for the commitment of the offence punishable under Sec. 302 read with Sec. 149 of the IPC as awarded by the trial court from Rs.01.00 lakhs to Rs.10,000..00 Insofar sentences for the offences punishable under the remaining Ss. were concerned, the High Court upheld the order passed by the trial court.

(3.) Shorn of details, the facts leading to the present appeal is as follows: