MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in the present appeals is to a judgment dated 02.02.2016 maintaining conviction of the appellant-Mani for an offence under Section 302 IPC, whereas, conviction of the other accused i.e. accused No.2-Rathnakumar, 3-Praveen and 4-Selvaraj was maintained for offences under Sections 324 and 341 read with 34 IPC while acquitting the said accused for an offence under Section 302 IPC.

(2.) Criminal Appeal No. 540 of 2019 is against the conviction of accused No. 1 for an offence under Section 302 IPC, whereas, Criminal Appeal No. 541 of 2019 is against the acquittal of accused No.2- Rathnakumar, 3-Praveen and 4-Selvaraj (Respondent Nos. 2-4) under Section 302 read with 34 IPC . The parties herein shall be referred to as before the Trial Court.

(3.) PW2-Vishwanathan son of Kunchu lodged a First Information Report at about 11.00 PM on 28.09.2005 in respect of an incident which occurred same day at about 8.10 PM on a slope near Rosy School, Chozhiyamkod. The statement is that the Accused 1 to 4 who are BJP sympathisers, in connivance and conspiracy with each other with the intention and preparation to kill the complainant and others who are CPM sympathisers, due to political enmity, collected dangerous weapons of knife, Vadival sword and iron rod, came in motorcycles in front of Rosy School, Chozhiyamkod. They illegally stopped the complainant and his friends. The accused No.1-Mani stabbed Soman, whereas, accused No.2-Rathnakumar attacked complainant with Vadival sword on his face and accused No.3- Praveen gave beatings to Ashraf PW3 with iron rod.