N NIJIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises out of the judgment dated 22/3/2014 in SC No.138/2010 of the IIIrd Additional Sessions Judge, Ernakulam by which accused 1 to 5 were convicted for having committed the offence u/s 143, 147, 148, 341 and 302 of I.P.C. and 302 r/w section 149 of I.P.C. 9th accused has been convicted for offence u/s 120B r/w 302 of I.P.C. First accused is sentenced to undergo imprisonment of life and to pay fine of Rs. 50,000/- for offence u/s 302 of I.P.C. Accused 2 to 5 are sentenced to undergo imprisonment for life and to pay fine of Rs. 50,000/- for offence u/s 302 r/w 149 of IPC. A9 is sentenced to undergo imprisonment for life and to pay fine Rs. 50,000/- u/s 120B r/w 302 of I.P.C. Accused 1 to 4 were sentenced to undergo imprisonment for offences u/s 143, 147 and 148 of I.P.C. 5th accused is also sentenced for offence u/s 143, 147 and 341 I.P.C.

(2.) The prosecution alleged that accused 1 to 11 were activists of Communist Party of India (Marxist), [CPI(M) for short]. In the year 2003, National Democratic Front (NDF) influenced Muslim youngsters into their fold and some of the CPI(M) workers also joined NDF which resulted in constant conflicts between activists of NDF and CPI(M). On 23/6/2008, accused 1 to 5 attacked one Sainudheen who was sitting in a shop known as Salala Chicken Centre. To avoid the attack, Sainudheen ran towards a nearby shopping complex known as Lexi Complex. Accused 1 to 5 followed him with swords and knife. Sainudheen reached the first floor of Lexi complex. The assailants caught him. He was dragged to the floor and several injuries were inflicted on him with the weapons they had. Thereafter the assailants escaped from the scene in a Maruthi Omni van. Though Sainudheen was taken to Amala Hospital, Iritty in a jeep, he was referred to Government Hospital, Thalasserry. By the time, he was taken to the Indira Gandhi Co-operative Hospital, Thalasserry, he was declared dead. The First Information Statement was given by PW4 at 7.00 p.m before the Sub Inspector of Police Iritty Police Station, pursuant to which Crime No.373/2008 was registered. Investigation was conducted by the Circle Inspector of Police, Iritty. The officer who initially conducted investigation was later suspended and his successor continued the investigation. In the meantime, mother of the deceased filed WP(C) No.20767/2008 before this Court for a direction to hand over the investigation to CBI and the said petition came to be allowed. CBI took over investigation on 27/9/2008 and final report was filed before the Chief Judicial Magistrate Court, Ernakulam which was committed to the Court of Sessions and made over to the IIIrd Additional Sessions Judge for trial.

(3.) The accused denied the charges. To prove the case, prosecution examined PWs 1 to 35 and placed reliance on Exts.P1 to P70. MO1 to MO14 were the material objects that were produced and identified. After completing the procedural formalities and after hearing the accused, the trial Court convicted accused Nos.1 to 5 and 9. Others were acquitted.