UNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) Festival grounds are fertile lands of strife where silly squabbles ignite the fuse of past animosities, turning it into killing fields. In the case before us, there is a lethal cocktail of political rivalry which escalated, by reason of a clash of egos in a ritual in connection with the festival. The prosecution alleges that a group of people aligned under a political party attacked another, belonging to the rival party, killing him mercilessly.

(2.) The accused were charged under Ss. 120B, 143, 148, 324 and 302 r/w 149 and S.212 IPC and S.27 of the Arms Act. A2 died in the course of the trial, A13 was acquitted and A14 is absconding. The other accused stood trial and they were convicted under the offences charged and A1 and A3 to A12 were sentenced to undergo imprisonment for life. They were also sentenced to undergo rigorous imprisonment (RI) for six months under S.143 IPC, RI for one year under S.148 IPC, RI for two years under S. 324 IPC and RI for three years under S.27(1) of the Arms Act. There were also fines imposed under the different provisions, with default sentences.

(3.) The prosecution allegation is that on 18/1/2005, an altercation occurred in the course of a ritualistic procession on the festival day, in which two competing clubs participated. A1, his brother and some others belonging to a club called 'Sanghadhwani' quarrelled with the deceased who was participating under the banner of 'Yuvadhara'. The deceased challenged the others and threatened to retaliate at the festival grounds. The accused then conspired, procured weapons, followed the deceased and attacked him near a Halwa Stall. The injured-victim ran for his life and hid in the bathroom of PW12. The 12 accused chased and found him, dragged him out of the bathroom, attacked him mercilessly with deadly weapons, causing injuries, to which the victim succumbed. The accused were housed in the residence of A13 and on the next day, sent in a Qualis Car arranged by A14 to Mookambika. The appellants herein stood trial and were convicted as above.