KANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the Kerala High Court upholding the conviction and sentence passed on the appellants. The appellants were convicted under S. 120-B read with S. 308 and sentenced to eight years R. I. They were also convicted under Ss. 147 and 148 and other offences. The charge against the accused was that they had entered into conspiracy as members of nexalite party to raid the Police Station Kuttiadi on the night/morning of the 17th/18th December, 1969. In the course of the raid the police station was attacked and its articles were burnt. No member of the Police Station or staff was able to identify the raiders. The only evidence on the basis of which the appellants have been convicted may be categorised as follows

(2.) Coming to the extra-judicial confession of Piyachi before P.W. 27, we find it difficult to accept this evidence which is a very weak type of evidence and has been made to P.W. 27 who was the widow of one of the conspirators and was helping her husband in making spears and other weapons. For these reasons, therefore, we are unable to rely on the evidence furnished by the extra-judicial confession. Thus the position is, that there is absolutely no legal evidence on the basis of which the appellants could be convicted. The result is that the appeal is allowed, judgment of the High Court is set aside and the appellants are acquitted of the charges framed against them. The appellants are directed to be released forthwith unless released on bail already.