KATTINTAVIDA SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED Nos. 1 to 9 in Sessions Case No. 143/98 on the file of the Addl. Sessions Judge (Adhoc I), Thalassery are the appellants in this appeal. They challenge the conviction entered and sentence passed against them by the aforesaid Court for offences punishable under Sections 143, 147, 148 and 302 I. P. C. read with Sections 3 and 5 of the Explosive Substances Act.

(2.) THE case of the prosecution can be summarized as follows:-On 10-3-1995 at about 9 p. m. the accused who are C. P. M. loyalists, out of their enmity towards Chembattarathinmel Kelu, P. W. 1 (Krishnan), P. W. 3 (Raveendran) and C. W. 3 (Gopi) who are workers and sympathizers of B. J. P. , formed themselves into members of an unlawful assembly, the common object of which was to commit rioting armed with deadly weapons, to cause hurt to the aforesaid persons using country bombs and to commit the murder of the said persons who were sitting on the steps leading to Koovendavalappil house at K. C. Mukku in Puthur amsom Kootteri desom belonging to P. W. 1 and in prosecution of the aforesaid common object of the said assembly, the accused threw bombs at the aforementioned persons. Kelu referred to above sustained fatal injuries on account of the explosion of the bomb and he succumbed to the same in the same night and PW. 3 sustained injuries. The accused have thereby committed offences punishable under Secs. 143, 147, 148, 324, 307 and 302 read with Sec. 149 I. P. C. and Secs. 3 and 5 of the Explosive Substances Act, 1908.

(3.) ON the accused pleading not guilty to the charge framed against them by the Court below for offences punishable under Secs. 143 I. P. C. Sec. 5 of Explosive Substances Act read with Sec. 149 I. P. C. Sec. 302 read with Sec. 149 I. P. C. and Sec. 3 of the Explosive Substances Act read with Sec. 149 I. P. C. , the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 15 witnesses as P. Ws. 1 to 15 and got marked 14 documents as Exts. P1 to P. 14 and 7 material objects as M. Os. 1 to 7.