K.PADMANABHAN NAIR, V.RAMKUMAR
Saidu Mohammed – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent
Padmanabhan Nair, J.
Criminal Appeal Nos.1207 of 2004 and 1083 of 2005 and Criminal Revision Petition No.2373 of 2004 arise from the judgment rendered by the I Additional Sessions Judge, Thrissur in S.C.No.201 of 1995, which, in turn, arose from C.P.No.2 of 1994 of JFCM, Kunnakulam (Crime No.95 of 1993 of Kunnamkulam Police Station registered under sections 143, 147, 148, 341, 342, 324 and 302 read with Section 149 of the Indian Penal Code). Criminal Appeal No.1544 of 2004 is filed by the complainant in C.P.1 of 1995 on the file the JFCM Kunnamkulam from which S.C.202 of 1995 arose. That Criminal Appeal is directed against the acquittal of the respondents in that appeal stated to have been passed in S.C.No.202 of 1995.
2. The facts relevant for the disposal of the appeals and Criminal Revision Petition are as follows” Deceased Suresh Babu was an active worker of Bharatheeya Janatha Party (BJP for short). He was employed as a motor winding mechanic at Kunnamkulam. There were political clashes between the followers of Communist Party of India (Marxist) (CPI (M) for short) and BJP loyalists. At about 8.00 p.m. on 10-3-1993, deceased Suresh Babu was returning to his house in
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