ABDU HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are filed against the judgment of conviction and sentence passed by the the Addl.Sessions Court-II, Manjeri, in Sessions Case No.435/2010. Crl.Appeal No.1186/2017 was filed by the accused 8 and 9, Crl.Appeal No.8/2018 was filed by the 11th accused and Crl.Appeal No.107/2018 was filed by accused 1 to 6 and 10.

(2.) Altogether there are 11 accused persons in the case. Out of which, accused No.7 died during the pendency of the appeal and therefore, charge against accused No.7 abated. After the conclusion of the trial as against the remaining accused persons, the trial court found all of them guilty under Ss. 143, 147, 148, 341, 324, 326, 307 and 302 r/w Sec. 149 of IPC and convicted and sentenced them for various punishments including imprisonment for life and fine under Sec. 302 of IPC. Aggrieved by the above judgment of conviction and sentence, they have preferred these appeals. After filing Crl.Appeal No.1186/2017 accused No.8 also died. Therefore, the charge against accused No.8 also abated.

(3.) The prosecution case is that on 29/8/2008 at about 1.30 p.m., the accused persons formed themselves into an unlawful assembly, armed with deadly weapons like knife, iron pipe etc. with the common object to wreak vengeance against the members of the rival group in Kottakkal Kuttipuram Juma Mosque, including the deceased Abdu, Aboobacker as well as PWs1 to 6 and and in prosecution of the common object, attacked them after the Juma prayers and inflicted grievous injuries to all of them and as a result of which, Abdu and Aboobacker succumbed to the injuries.