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1994 Supreme(SC) 1249

K.JAYACHANDRA REDDY, M.M.PUNCHHI
Radhakrishnan Nair: Hari Prasad: Krishnakutty – Appellant
Versus
State Of Kerala – Respondent


Advocates:
E.M.S.ANAM, M.T.George, S.S.Khanduja, U.R.Lalit

JUDGMENT

K. Jayachandra Reddy, J. - These three appeals under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act read with Section 379, Cr. P.C. are filed against the judgment of the High Court of Kerala. Original accused Nos. 2 to 5 and 7 to 15 are the appellants herein. Altogether 15 accused were tried by the Sessions Judge, Alleppey for offences punishable under Sections 143, 147, 148, 149, 286, 452, 323, 324, 326, 436 and 302, I.P.C. A-1 was murdered sometime during the pendency of the trial and the remaining accused were acquitted by the trial court. The State of Kerala filed an appeal against the acquittal in the High Court. During the pendency of the appeal A-6 died and the High Court convicted the remaining accused, who are the appellants before us, and sentenced them to undergo imprisonment for life under Sections 302/149, I.P.C. and for other periods varying from six months to five years under the other charges. Hence the present appeals. The prosecution case is as follows.

2. The accused are said to be sympathisers of the R.S.S. having political animosity towards the sympathisers of Marxist Party to which the injured witnesses and the de






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