VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) The appellants in Crl. A. No. 13 of 1991 are accused 1 to 5 and 8 to 10 in Sessions Case No. 41 of 1989 on the file of the Sessions Court, Trivandrum. Crl. A. No. 15 of 1991 is filed by the sixth accused in the above sessions case. Since both these appeals arise out of a common judgment, we dispose of these appeals by this common judgment. This Court has issued notice in Crl. R. C. No. 50 of 1993 to alter the conviction from S.304 Part II to S.302 IPC.

(2.) There were eighteen accused in the case. Accused 7 and 11 to 18 were acquitted of all charges by the Sessions Judge.

(3.) The charges against the accused are that on 26-8-1987, at about 8.15 p. m. at Cheruvakkal Village in Thiruvananthapuram district near the house of deceased Gangadharan Nair, all the accused in the case, including the appellants herein, formed themselves into an unlawful assembly with the common object of trespassing into the house of deceased Gangadharan Nair and murdering the inmates of house, in which Gangadharan Nair and his family were residing, and have committed mischief by fire and to cause loss to deceased Gangadharan Nair and members of his family and thereby committed offences punishable under S.143 and 147 of the Indian Penal Code. They were also charged for offences punishable under S.148, 447 and 452 of the Indian Penal Code read with S.149 IPC, They were further charged for offence punishable under S.302 read with S.149 IPC for committing murder of the above mentioned Gangadharan Nair. The accused were further charged for offence punishable under S.307 IPC for having attempted to cause death of PW 2, the wife of deceased Gangadharan Nair. It is also the prosecution case that the accused have committed offences punishable under S.427 and 436 read with S.149 IPC for having caused destruction of valuable articles in the house of deceased Gangadharan Nair and throwing stones to the house and for setting fire to the shed situated on the south western side of the house of deceased Gangadharan Nair and causing a loss exceeding Rs 5,000/-.