STATE OF KERALA Vs. KRISHNAN KUTTY

JUDGEMENT

(1.) In Sessions Case No. 61 of 1982 before the Sessions Judge, Alleppey, there were 15 accused. First accused died before trial. Others were tried for offences punishable under S.143, 147, 148, 149, 286, 452, 323, 324, 326, 436 and 302 of the Indian Penal Code and acquitted of all the offences. State is challenging the acquittal. After the appeal, sixth accused also died and the appeal against him abated. We are, therefore, concerned only with the remaining accused.

(2.) The occurrence took place during the night in between 9th November 1981 and 10th November 1981 in Thekkekara at Mankombu in Kuttanad. Victims are Marxist and assailants are R. S. S. people between whom there was political rivalry in the locality. Murder of one Sivan, an R. S. S. worker, allegedly by the Marxists sometime before the incident, flared up the animosity. This is the motive alleged.

(3.) At about 1.00 a.m. the accused formed themselves into an unlawful assembly with the common object of murdering Thankappan, a Marxist worker, assaulting Marxist sympathisers, including PWs 4 to 6, and committing arson and other destructions to the properties of Marxists on account of enmity. Accused 1 and 2 possessed choppers, accused 3 and 5 sword-sticks, fourth accused an axe and a dandu, eight accused a tin containing petrol, 12th accused a bag with country crackers, 13th accused an iron rod and others dandus. Armed with these weapons, they committed rioting. All of them were wearing khaki shorts and white banians, the usual uniform of R .S. S.