C.PUSHPAVALLY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal is preferred against a judgment of acquittal. It was passed in SC 386/2002 by the additional sessions judge (adhoc-II) of the court of session, Thalassery division. Appellant is the widow of the victim who died in the incident. The petitioner in the Crl M.C was one of the police officers who investigated the case. The trial court wrote strictures against him in the judgment and recommended action against him. He filed the Crl M.C requesting to expunge the adverse remarks against him.

(2.) Prosecution case goes as follows: The accused were active members of the Bharatiya Janata Party (BJP for short) and the Rashtriya Swayamsevak Sangh (RSS for short). The victim of the incident, Dasan by name, was a member of the Communist Party of India(Marxist) - for short, CPI(M). All the accused formed themselves into an unlawful assembly with the common object of committing murder of Dasan. Arming themselves with deadly weapons such as billhooks, hatchet et cetera, the accused committed rioting. The first accused with a hatchet and accused 2 to 4 with billhooks attacked Dasan and inflicted fatal injuries on him. They caused his death. Accused 5 to 11 aided accused 1 to 4 in committing murder. The accused blasted a bomb and created a situation of terror. The incident occurred at 9.45 a.m on 28.8.1999 at Achukulangara. Motive was political rivalry.

(3.) The trial court framed charges against the accused under Secs 143, 147, 148, 149 and 302 of the Indian Penal Code (IPC), Secs 3 and 5 of the Explosive Substances Act and Sec. 27 of the Arms Act. They pleaded not guilty. Accused 1 and 8 died and the charges against them abated. The remaining accused were tried.