H.R.KHANNA, Y.V.CHANDRACHUD
Sethu Madhavan Nair – Appellant
Versus
State Of Kerala – Respondent
Judgement
KHANNA, J.:- Sethu Madhavan Nair and 12 others were tried in the court of the learned Sessions Judge Palghat for offences under Section 148 and 302 or in the alternative under Section 302 read with Section 148 Indian Penal Code and were acquitted. On appeal by the State, the Kerala High Court reversed the judgment of acquittal and convicted the accused under Section 302 read with Sec.149 Indian Penal Code and sentenced each of them to undergo imprisonment for life. The 13 accused thereafter filed the present appeal against the judgment of the High Court.
2. Ananthakrishnan deceased was a landowner of village Thannisseri. He was also Secretary of the Karshaks Samajam, an organization of landowners. The accused are workers of the local Marxist Communist Party. About one or two months before the present occurrence, an agitation had been started by Karshaka Thozhilali Union, which was faailiated to the Marxist Communist Party, for the enhancement of wages payable to agricultural labourers. As a result of that agitation, the landowners found difficulty in conducting their agricultural operations. The relations between the landowners and the Marxist Communist Party consequently b
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