Judgment

FAZAL ALI, J. :- This appeal by special leave is directed against a judgment of the Kerala High Court upholding the conviction and sentence passed on the appellants. The appellants were convicted under S. 120-B read with S. 308 and sentenced to eight years R. I. They were also convicted under Ss. 147 and 148 and other offences. The charge against the accused was that they had entered into conspiracy as members of nexalite party to raid the Police Station Kuttiadi on the night/morning of the 17th/18th December, 1969. In the course of the raid the police station was attacked and its articles were burnt. No member of the Police Station or staff was able to identify the raiders. The only evidence on the basis of which the appellants have been convicted may be categorised as follows :-

1. Evidence of P. Ws. 17 and 18 to the effect that there was conspiracy to raid the Police Station in question in which the appellants have participated;

2. The evidence of P. W. 25 who identified the appellants running away near the scene of occurrence after the raid took place on the Police Station.

3. The extra-judicial confession of appellant Payichi (accused No. 5) to P. W. 27 widow of Velayudha