E.K. Moidu, J.

62 accused persons were tried in Sessions Case No.36 of 1970, three accused persons in Sessions Case No.51 of 1970, and one accused person in Sessions Case No.8 of 1971 by the Sessions Judge, Kozhikode, in respect of offences they committed in the course of the same transaction at 3.30 a.m. on 22nd November 1968 at the Tellicherry police station of Cannanore District, and between 3-30 a.m. and 7.30 a.m. on 24th November 1968 within the limits of Pulpally police station of Kozhikode District, in pursuance of a criminal conspiracy and as members of an unlawful assembly armed with deadly weapons such as guns, spears, choppers, daggers and explosive substances like country -made bombs and crackers, with the common object to attack the police stations at Tellicherry and Pulpally,

2. The reference to the number of the accused hereafter would be with reference to their numbers in the final charge before court by the police. Altogether there were 149 accused persons in the police charge.

3. The accused in all the three cases stood charged under S.120B of the Indian Penal Code. As against accused Nos. 1 and 62 the charge was under S.25 of the Indian Telegraph Act, 1885 (Act 13 of 1885). The charge against accused Nos. 1, 2, 8, 9, 10, 11, 13, 15, 42, 43, 50, 52, 53, 57, 58, 59, 60, 62, 63, 65, 69, 75, 76, 77, 78, 82, 83, 84, 85, 86, 87,88, 89, 90, 91, 100 and 125 was under S.148 IPC. As against the 2nd accused there was a charge under S.307 IPC. tor attempting to cause the death of Pw. 64, a police constable on sentry duty at the police station, Tellicherry, by throwing a country bomb against him. Accused Nos. 1, 8, 9, 10, 11, 13, 15, 42, 43, 50, 52, 53, 57, 58, 59, 60, 62, 63, 65, 69, 75, 76, 77, 78, 82 to 91, 100 and 125 were also charged under S.307 read with S.149 IPC. for attempting to cause the death of pw 64.

4. Another set of accused, Nos. 4, 5, 6, 7, 14, 16, 17, 18, 19, 20, 21, 25, 29, 33, 36, 41, 128, 129, 131, 132, 134, 135, 139, 141, 145, 146, 147 and 149, was alleged to have committed the offences under S.143, 148 and 449 read with S.149 IPC. (The 4th accused died before the charge was framed). Of these accused persons, accused Nos. 5, 6, 7, 14, 16, 17, 18, 19, 20, 21, 25, 29, 33, 36, 128 129, 131, 132, 134, 135, 139, 141, 145, 146, 147 and 149 have been charged for the murder of Havildar Kunhikrishnan Nair of Pulpally wireless station, under S.302 read with S.149 IPC. and for attempting to murder Sub Inspector Sankunny Menon, under S.307 read with S.149 IPC. Accused Nos. 5, 6, 7, 16, 128, 129, 135, 145, 146 and 147 were separately charged for the same murder under S.302 read with S.34 IPC. and for attempt of murder ' under S.307 read with S.34 IPC. As against accused Nos. 5, 6, 7, 14, 16, 17, 18, 19, 20, 21, 25, 29, 33, 36, 41, 128, 129, 131, 132, 134, 135, 139, 141, 145, 146, 147 and 149 there were further charges under S.427, 435 and 380 IPC. read with S.149 IPC. Another set of accused Nos. 5, 6, 7, 14, 16, 17, 18, 19, 20, 21, 25, 29, 33, 41, 128, 129, 131, 132, 134, 135, 141 and 149, has been charged under S.395 read with S.149 IPC. The sole charge against the 5th accused was under S.40 of the Kerala Police Act, as he committed impersonation by putting on a Sub Inspector's uniform. The 139th accused was charged under S.3 of the Indian Explosive Substances Act (Act VI of 1908). Accused Nos. 5, 14 and 17 were also charged under S.27 of the Indian Arms Act. '-'

5. After trial, accused Nos. 7, 16 and 139 have been convicted under S.427 arid 450 IPC. and sentenced each to two years' rigorous imprisonment on both the counts. They have also been sentenced to five years' rigorous imprisonment under S.326 IPC. and to three years' rigorous imprisonment on each of the three counts under S.435, 324 and 380 IPC. Accused Nos. 5, 7, 14, 16, 17, 18 and 19 were also convicted and sentenced to five years' rigorous imprisonment each under S.395, read with S.149 IPC. The sentences were directed to run concurrently. The