RAJA VIJAYARAGHAVAN V., J.

1. As many as 25 accused were indicted for the offence under Section 143, 147, 148, 324 and 302 read with Section 149 of the IPC, S.3 & 5 of the Explosives Substances Act, 1908 and Section 27(1) of Arms Act, 1959 and they were tried by the Court of Sessions, Thalassery, for their role in a gruesome incident involving explosive devices which took place at 5.15 p.m. on 23.5.2002 at a place called Karkode in Thillankari amsom, Kannur District.

2. The prosecution case, as is revealed from the evidence, unfolds in the following manner:-

Uthaman, an activist of the RSS was murdered on the previous day and a hartal was organized by the RSS on 22.5.2002 at the Karcode Area. Deceased Ammukutty Amma was a distant relative of Uthaman and she along with her grandson, Shiju (PW 1) and some other persons who owe allegiance to the RSS were returning back in a Jeep driven by one Shihab, after attending the funeral ceremonies of the deceased. A total of 13 persons were inside the Jeep which included PW2 - P.S. Prakash, PW3 - Abhilash P.V., CW5 - Sasidharan, CW11 - Velayudhan, CW7 - M.N. Biju, CW6 - K.P. Santhosh, CW10 - Manoj, CW8 - Nipun and CW9 - Vadakkeyil Viju. While the jeep reached near the rubber plantation of Muhammed Haji at Karkode, the accused No.1 Arshad jumped in front of the jeep brandishing a sword. About 25 persons appeared from nowhere and rushed towards the jeep. The 2nd accused Girishan who was standing on the right side of the jeep threw a contraption at Shihab, the jeep driver. It struck Shihab on his head and exploded. He was thrown from the jeep on to the ground. The jeep lost control and crashed on to a telephone post and entered the adjacent rubber plantation and came to a standstill. While the persons sitting inside the jeep made a run for it through the front side of the jeep, another explosive device was thrown at the jeep by A15 - Mahendran which fell on the body of Ammukkutty Amma, who was sitting on the back seat of the jeep, and was unable, owing to old age, to scamper away to safety. Both Shihab and Ammukkutty Amma succumbed to the injuries sustained by them then and there. Hearing the commotion, several persons came to the scene and the assailants made good their escape.

3. PW24, the Sub Inspector of police, Iritty, reached the scene immediately after the incident and took note of the situation. He took steps to remove the injured and the deceased to the Mattannor hospital. PW24 did not accompany them. The bodies of the deceased Ammukkutty Amma and Shihab and also the injured persons were initially taken to the Mattannor hospital and from there, they were shifted to Thalassery, in an ambulance. It has come in evidence that the injured were taken to the Indira Gandhi Co-operative hospital, Thalassery, and the deceased were removed to the Government hospital, Thalassery.

4. Inquest over the dead body of Shihab was conducted by PW16, the Additional Sub Inspector of Police, Thalassery, and he prepared Ext.P3 inquest report. It was PW17, the Additional Sub Inspector of police, Iritty, who conducted inquest over the dead body of Ammukkutty Amma and prepared Ext.P2 inquest report. At the time of preparation of the inquest, MO11 series of clothes worn by Ammukkutty Amma were seized. MO10 series of clothes worn by the deceased Shihab were also seized by PW16. Thereafter, the body was sent for autopsy and it was CW40, the Surgeon attached to the Government hospital, Thalassery, who prepared Ext.P25 and P26 postmortem certificates of Shihab and Ammukkutty Amma respectively.

5. PW1 to 4 were attended to by Dr.Syamala at the Indira Gandhi Co-operative hospital, Thalassery, and she issued Ext.P21 to 24 wound certificates after examining them. It has also come out that PW1 was admitted in the Indira Gandhi Co-operative hospital, Thalassery, and PW2 to 4, owing to the seriousness of the injuries sustained by them were referred to the Medical College hospital, Kozhikode, where they were attended