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1979 Supreme(SC) 236

A.D.KOSHAL, S.MURTAZA FAZAL ALI
Chonamparachellappan: Philip M. Prasad: K. P. Narayana: Kannakaprambilkesvan – Appellant
Versus
State Of Kerala – Respondent


Judgment

FAZAL ALI, J. - In these appeals the appellants have been convicted under various sections of the Indian Penal Code as fully indicated in the judgment of the High Court. The main charges against the accused related to a conspiracy said to have been hatched at Calicut and Tellicherry in pursuance of which a number of illegal acts like raiding police station, committing dacoities had been committed.

2. The prosecution case in its essential details has been elaborately indicated in the judgment of the High Court and it is not necessary for us to repeat the same all over again. There were a very large number of accused, some of whom were convicted and there was another category of accused who were acquitted by the Sessions Judge and on appeal by the State convicted by the High Court. Apart from other prosecution witnesses, the prosecution relied on the testimony of accomplice witnesses P.Ws. 119, 126 and 165 as also P. Ws. 76 and 85 who were also more or less in the nature of accomplice witnesses.

3. Broadly speaking, the prosecution case was that the accused were members of the Communist Party Marxist which believed in the ideology of capturing power by force and by bringing abo









































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