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2011 Supreme(Ker) 386

PIUS C.KURIAKOSE, N.K.BALAKRISHNAN
Edakkandi Dineshan @ Pilipp Dineshan – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioners:M.K. Damodaran, Sr., Advocate.
For the Respondent: N. Sukumaran, Addl. Director General of Prosecutions.

JUDGMENT :-

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














































































































































































































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