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2005 Supreme(Ker) 804

K.PADMANABHAN NAIR, V.RAMKUMAR
Suresh – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants : P. Vijaya Bhanu & Tony Mathew.
For the Respondent: Sujith Mathew Jose (Public Prosecutor).

JUDGMENT :

V. Ramkumar, J.

Accused Nos. 1 to 9 in Sessions Case No. 143/98 on the file of the Addl. Sessions Judge (Adhoc I), Thalassery are the appellants in this appeal. They challenge the conviction entered and sentence passed against them by the aforesaid Court for offences punishable under Ss.143, 147, 148 and 302 I.P.C. read with Ss.3 and 5 of the Explosive Substances Act.

2. The case of the prosecution can be summarised as follows:--

On 10-3-1995 at about 9 p.m. the accused who are C.P.M. loyalists, out of their enmity towards Chembattarathinmel Kelu, P.W.1 (Krishnan), P.W.3 (Raveendran) and C.W.3 (Gopi) who are workers and sympathisers of B.J.P., formed themselves into members of an unlawful assembly, the common object of which was to commit rioting armed with deadly weapons, to cause hurt to the aforesaid persons using country bombs and to commit the murder of the said persons who were sitting on the steps leading to Koovendavalappil house at K.C. Mukku in Puthur amsom, Kootteri desom belonging to P.W.1 and in prosecution of the aforesaid common object of the said assembly, the accused threw bombs at the aforementioned persons. Kelu referred to above sustained fatal injuries o




































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