PIUS C.KURIAKOSE, N.K.BALAKRISHNAN
Edakkandi Dineshan @ Pilipp Dineshan – Appellant
Versus
State Of Kerala – Respondent
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
Vijayakumar & ors. v State [1994 (2) KLJ 903]
State of U.P. v Ashok Kumar & anr. [AIR 1979 SC 874]
Pulicherla Nagaraju alias Nagaraja Reddy v State of A.P. [AIR 2006 SC 3010]
State of U.P. v Babu (AIR 2003 SC 3408)
S.Sudershan Reddy v State of Andhra Pradesh (AIR 2006 SC 2716)
Chellappan Nair v State of Kerala [2006(1) KLT 499]
Kunjayyappakutty v State of Kerala [1993(2) KLT 64]
Shivraj Bapuray Jadhav v State of Karnataka (AIR 2003 SC 3578)
Pedda Narayana v State of A.P. [AIR 1975 SC 1252]
Shakila Khader v Nausheer Cama [AIR 1975 SC 1324]
Karnel Singh v State of M.P. [(1995) 5 SCC 518]
Ram Bihari Yadav v State of Bihar [(1998) 4 SCC 517]
Sunil Kumar v State of Rajasthan [(2005) 9 SCC 283]
State of Karnataka v K.Yarappa Reddy [(1999) 8 SCC 715]
Aqeelahmad v State of Uttar Pradesh [(2008) 16 SCC 372]
Sarwan Singh Rattan Singh v State of Punjab [AIR 1957 SC 637]
Khujji v State of M.P. [AIR 1991 SC 1853]
Radha Mohan Singh alias Lal Saheb & ors. v State of U.P. [(2006) 2 SCC 450]
Paras Yadav v State of Bihar [(1999) 2 SCC 126]
Eknath Ganpat Aher & ors. v State of Maharashtra & ors. [(2010) 6 SCC 519]
Mohammad Usman Mohammad Hussain Maniyar v State of Maharashtra [(1981) 2 SCC 443]
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