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1998 Supreme(SC) 243

M.K.MUKHERJEE, S.S.M.QUADRI
K. Ashokan – Appellant
Versus
State Of Kerala – Respondent


Judgment

M.K. Mukherjee, J.-17 accused persons, including the six appellants before us, (who were arraigned as A1 to A4, A10 and A11 respectively in the trial Court and will hereinafter be so referred to), were tried by the Court of Session, Kozhikode Division for offences punishable under Sections 143, 147, 148, 341, 449, 452, 307, 302/149 I.P.C. and under Sections 3 and 5 of the Explosive Substances Act. While convict­ing and sentencing all the appellants under Sections 143, 147, 148, 449, 452 and 302/149 I.P.C. and A3 under Section 3 of the Explosive Substances Act also, the trial Court acquitted the others. Assailing their convictions and sentences the appellants preferred an appeal which was disposed of by the High Court by setting aside the convic­tion of A3 under Section 3 of the Explosive Substances Act and affirm­ing the common convictions recorded against the six appellants. The above judgment of the High Court is under challenge before us in this appeal.

2. According to the prosecution case, the appellants owe allegiance to the Communist Party of India (Marxist) and the complainant party to Muslim League. There was political rivalry between the two parties which resulted i













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