(1.) Crl.Appeal 87/2017 has been filed by the appellants/accused Nos.1 to 5 and 7 and Crl. Appeal 125/2017 has been filed by the appellant/6th accused, against the conviction and sentence passed in S.C.No.119/2010 on the files of Additional Sessions Court-II, Alappuzha.
(2.) Prosecution case can be summarized as follows :
(3.) In connection with a dispute in Abkari business between the deceased John Bosco @ Sunny (hereafter referred as deceased) and one Sreekumar, on 20.1.2005, they amputated the right hand of CW12, Lalachan. Thereafter Sunny and Kumar absconded. Fearing the deceased and Kumar accused Nos.1 to 3 left the place. While so,as pointed out by the sixth accused, the deceased and Sreekumar were booked by the police in connection with unauthorised sale of spirit. Enraged by that, the deceased Sunny and Sreekumar attacked the 6th accused. Thereafter Sreekumar was got confined under KAPPA and in his absence accused Nos.1 to 3 returned to the place. Out of enmity towards the deceased on 18.11.2007 at 3.45 pm accused Nos.1 to 7 formed themselves into an unlawful assembly, armed themselves with lethal weapons, rioted and in prosecution of the common object of the assembly trespassed into his house and struck him with deadly weapons and inflicted fatal injuries.
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