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2022 Supreme(Ker) 539

ZIYAD RAHMAN A. A.
K. Nazirudheen, S/o. Hussain – Appellant
Versus
State Of Kerala, To Be Represented By Public Prosecutor, High Court Of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.K.S.Madhusoodanan, Sri.K.S.Mizver, Smt.K.M.Ramya, Sri.P.K.Rakesh Kumar, Sri.Thomas Chazhukkaran, Sri.M.M.Vinod Kumar
For the Respondent: Sri. Sudheer Gopalakrishnan, Public Prosecutor

JUDGMENT :

The appellants are accused Nos.1, 2 and 5 in S.C.No.81 of 2014 on the file of the Additional Sessions Court-I, Kalpetta. The aforesaid Sessions Case arises from crime No.373 of 2011, which was registered by Station House Officer, Meppadi Police Station for the offences punishable under Sections 120B, 143, 147, 148, 324, 326 and 307 read with Section 149 IPC.

2. The prosecution case in brief is as follows:

    PW1 and his family are residing in a hut in a property which was encroached by them in a reserved forest at Withgard in Wayanad District. The encroachment was made by about 300 families under the leadership of Sri.Sam P. Mathew, the 5th accused herein, who is the leader of a political party named CPI(ML). Later, some difference of opinion occurred between the said Sam P.Mathew and some of the families of the encroachers. Consequently, some of them including PW1 who were originally members of CPI(ML) resigned from the said party and joined in a political party named Jantha Dal. On account of the same, the 5th accused was having some animosity with PW1, as he was under the impression that it was PW1 who instigated others to leave the party. Presumably because of this, there

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