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SUDHANSHU DHULIA, PRASANNA B. VARALE
Edakkandi Dineshan @ P. Dineshan – Appellant
Versus
State of Kerela – Respondent
JUDGMENT :
PRASANNA B. VARALE, J.
1. The present criminal appeal arises out of judgment and order dated 12th April 2011 passed by High Court of Kerala at Ernakulam, in Cri. Appeal No. 1040/2006. By the impugned judgment and order, the Appellants/Accused-A4 to A10 and A13 to A15 have been acquitted under Sections 302 r/w 149 of the Indian Penal Code, 1860 (hereinafter ‘IPC’) while conviction and sentence against A1 to A3 and A11 and A12 was confirmed. Additionally, A3 was convicted and sentenced under Section 5 of the Explosive Substance Act, 1908.
FACTS
2. For the sake of brevity and for maintaining continuity the accused persons are referred as per their sequence in the trial.
3. The factual matrix of the case are that on 01.03.2002, Rashtriya Swayam Sevak Sangh/Vishva Hindu Parishad (in short ‘RSS/VHP’) had called for a hartal. The Hartal led to clashes between members of the Communist Party of India (M) (in short ‘CPI (M)’) and RSS. A group of 11 persons, afraid of the mob led by CPI(M), hid and stayed near a shed situated near the Meloor river. At midnight, they saw 11 persons coming from the eastern side and 5 persons coming from the northern side carrying deadly weapons like, ax
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