SAIDALAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The prosecution case depicts an unfortunate incident triggered from a trivial matter in which a so called religious leader attached to one of the factions was not permitted to make a speech in connection with a small customary competition, by the rival faction within the community. It is unfortunate that such factional feud within the community has culminated in a murder as the one in this case. Is it not a duty cast upon such so called, self proclaimed heads or leaders of such communal or political factions to see that such factional feuds or political rivalry, which may lead to bloodshed and innumerable number of murders, are avoided

(2.) A1 to A3 and A5 to A17 in S.C. No.324/2004 of the Additional Sessions Court (Adhoc-III), Manjeri, who stand convicted under Sections 143, 147, 148, and 324 and 302 read with Section 149 IPC, and each of whom stands sentenced to undergo rigorous imprisonment for six months under Section 143 IPC, rigorous imprisonment for two years each under Sections 147, 148 and 324 read with Section 149 IPC, and imprisonment for life and to pay fine of 10,000/- each, in default, to undergo simple imprisonment for one year, under Section 302 read with Section 149 IPC, have come up in appeal.

(3.) Originally, altogether 39 accused were indicted, out of whom A4, A18, A30 and A37 died prior to the completion of the trial, thereby the charges against them have been abated. The cases against A19 and A34 were not committed for trial as they are absconding. All the other accused faced trial before the court below, out of whom the appellants were found guilty, convicted, and sentenced as aforesaid. A20 to A22, A24 to A29, A31 to A33, A35, A36, A38 and A39 were acquitted by the court below.