NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos. 1 to 7 in Sessions Case No. 39 of 1976 on the tile of the Court of Session, Kozhikode. They were all convicted for various offences including murder and sentenced to imprisonment for life. There were three more accused persons in the case. They were acquitted.

(2.) In connection with the murder of one Chandrasekhara Kurup, who was son of Pw. 11 and brother of Viswanatha Kurup and Pw. 2, accused Nos. 1 to 3 were convicted under S.302 of the Indian Penal Code. For the same offence accused Nos. 4 to 7 were convicted under that section read with S.149 of the IPC. For attempt to murder Viswanatha Kurup accused Nos. 3 and 6 were convicted under S.307 and accused Nos. 1, 2, 5 and 7 under S.307 read with S.149 of the IPC. Accused Nos. 1 to 7 were convicted under S.143, 148, 323 and 324 read with S 149 of the IPC. The convictions under S.323 and 324 were for causing hurt to Pws 1 to 3. The prosecution case was that murder of Chandrasekhara Kurup, attempt to murder Viswanatha Kurup and causing of hurt to Pws. 1 to 3 were all in furtherance of the common object of an unlawful assembly of which the accused persons were members. As accused Nos. 1 to 7 were sentenced to imprisonment for life for the conviction for murder no separate sentence was awarded to them for the other convictions.

(3.) The incident took place at or about 6.30 p. m. on April 20, last year at Nechooli bazaar within the jurisdiction of the Kunnamangalam Police Station.