N.K. Balakrishnan, J.

1. Out of the 15 accused who faced trial, accused Nos.1 to 14 were found guilty and convicted by the learned Sessions Judge, Thalassery for offences punishable under Sections 143, 147, 506(II) and 302 IPC r/w 149 IPC. Accused Nos.2, 3, 11 and 12 were convicted under Section 148 IPC also. Besides accused No.3 was convicted for the offence under Section 5 of the Explosive Substance Act. They were sentenced to undergo imprisonment for life for the offence punishable under Section 302 IPC r/w 149 IPC. Besides, they were sentenced to undergo imprisonment for various terms for other offences mentioned above. They were also directed to pay Rs.2,00,000/- each as compensation to the legal heirs of the deceased victims. Accused No.15 was acquitted by the learned Sessions Judge.

2. The gist of the prosecution case can be stated thus:- On 1.3.2002 there was a harthal called by VHP/RSS. At about noon, there was an altercation between members of CPI (M) and RSS people at a place near Kalamandhir in Dharmadom Amsom. In connection with that harthal there were clashes during the daytime between those two factions at Dharmadom and other places. Being afraid of CPI(M) people, 11 persons including the two victims - Sujeesh and Sunil decided to stay during night near a shed situated on the bund/'chira' situated by the side of Meloor river. After midnight, at about 1 AM, while those 11 persons were on the bund, they saw about 15 persons coming from the eastern side and also about another 15 persons coming from the northern side towards the place where the aforesaid 11 persons including PW1 were lying or sitting. In the moonlight PW1 and others saw those assailants approaching towards them carrying deadly weapons. All of them were alerted, but Sujeesh and Sunil were asleep. Others rushed towards the river while the assembly consisting of the assailants inflicted fatal injuries on Sujeesh and Sunil. After a short while, the assailants left the place. PW1 and others went near the shed where they found Sujeesh writhing having been inflicted with fatal injuries. Sunil was not seen there. The body of Sujeesh was taken by PW1 and others to the road near Kalamandhir where there was a police picket. From there, the body of Sujeesh was removed to the Co-operative Hospital, Thalassery in the police jeep. The doctor (PW3) examined and pronounced Sujeesh dead. The dead body of Sujeesh was thereafter removed to the Govt. Hospital, Thalassery. PW1 – Jithesh who had accompanied the dead body to the Co-operative Hospital and thereafter to Govt. Hospital, Thalassery went to the police station and gave the First Information Statement (Ext.P1), based on which Ext.P1(a), the First Information Report was registered by PW15, the A.S.I. of Police, Dharmadom Police Station. The investigation was conducted by PW19, the C.I. of Police. After completing the investigation the charge sheet was laid against 15 accused persons.

3. The learned Sessions Judge framed charges against the accused alleging commission of offences under Sections 143, 147, 148, 341, 506(II) and 302 IPC r/w 149 IPC and also under Section 5 of the Explosive Substance Act. The accused pleaded not guilty.

4. PW1 to PW20 were examined and Exts.P1 to P22(e) were marked. Besides, MO1 to MO8(a) were also identified and marked on behalf of the prosecution.

5. When examined under Section 313 Cr.P.C., the accused contended that the prosecution case is a fabricated one and that they were falsely implicated in this case. Two witnesses were examined on their side. Including the portions of the statements of prosecution witnesses marked as contradictions, Exts.D1 to D13(c) were marked. Exts.X1 and X2, the case diaries in two crimes of Dharmadom Police Station were also got marked on behalf of the defence.

6. Learned Sessions Judge found accused Nos.1 to 14 guilty of the offences and convicted and sentenced them for the various offences as mentioned earlier. The accused were found no