D.P.MOHAPATRA, K.T.THOMAS
Firozuddin Basheeruddin – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT
D.P. Mohapatra, J.—These three appeals are directed against the common judgment of the High Court of Kerala dated 17.10.1997 in Criminal Appeal Nos. 167, 145 and 218 of 1995. The appellants were accused Nos. 3, 4, 5, 7, 9 and 15 in Sessions Case No. 66/92 of IV Additional Sessions Court, Ernakulam. Initially 19 persons were arrayed as accused in the case. Three of these accused persons i.e. accused Nos. 8, 11 and 14 became approvers pursuant to the pardon granted to them and they have been examined as PWs 1 to 3. Out of the 16 accused persons sent up for trial, eight accused i.e. Nos. 1, 2, 6, 8, 10, 11, 12 and 13 were absconding. The case against them was split up and was refiled as CP No. 2/92 on the file of the Chief Judicial Magistrate, Ernakulam. The remaining eight accused persons were tried in Sessions Case No. 66/92 for offences punishable under Sections 120-B, 302 read with Section 511 IPC, Section 302 read with Section 120-B IPC and Sections 34, 109, 143, 148, 201, 201 read with Sections 34, 109 and 120-B and Section 194 IPC and also under Section 27 the Arms Act.
2. The learned Additional Sessions Judge by the judgment dated 17.1.1995 found the appellants guilty a
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