K.PADMANABHAN NAIR, V.RAMKUMAR
Kattintavida Suresh – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent
Ramkumar, J.
Accused Nos.1 to 9 in Sessions Case No.143/98 on the file of the Addl. Sessions Judge (Adhoc I), Thalassery are the appellants in this appeal. They challenge the conviction entered and sentence passed against them by the aforesaid Court for offences punishable under Sections 143, 147, 148 and 302 I.P.C. read with Sections 3 and 5 of the Explosive Substances Act.
2. The case of the prosecution can be summarized as follows:-
On 10-3-1995 at about 9 p.m. the accused who are C.P.M. loyalists, out of their enmity towards Chembattarathinmel Kelu, P.W.1 (Krishnan), P.W.3 (Raveendran) and C.W.3 (Gopi) who are workers and sympathizers of B.J.P., formed themselves into members of an unlawful assembly, the common object of which was to commit rioting armed with deadly weapons, to cause hurt to the aforesaid persons using country bombs and to commit the murder of the said persons who were sitting on the steps leading to Koovendavalappil house at K.C. Mukku in Puthur amsom Kootteri desom belonging to P.W.1 and in prosecution of the aforesaid common object of the said assembly, the accused threw bombs at the aforementioned persons. Kelu referred to above sustained fatal inj
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