IMPORTANT POINT
The testimony of an injured witness is highly reliable and can form the basis for conviction, especially when corroborated by other eyewitnesses and medical evidence.

JUDGMENT :

Jobin Sebastian, J.

[CRL.A Nos.685/2018, 722/2018, 740/2018, 775/2018, 790/2018]

Criminal Appeal Nos. 685/2018, 722/2018, 740/2018, 775/2018, and790/2018 arose out of the judgment of conviction and order of sentence passed in S.C. No.421/2009 on the file of Sessions Court, Thalassery, whereby the accused Nos. 2 to 11 were found guilty of the offences punishable under Sections 143, 341, 307, 302 r/w 149 of Indian Penal Code. Apart from the above-said offences, accused Nos. 2, 3 & 11 were found guilty of offence punishable under Section 147 r/w 149 of the Indian Penal Code, and accused Nos. 4 to 10 were found guilty of offence punishable under Section 148 r/w 149 of Indian Penal Code and they were convicted and sentenced for the said offences as well.

2. Altogether ten accused faced trial in this case. The case against the 1st accused was abated as he died after the commitment of the case to the Sessions Division. Out of the five appeals mentioned above, Criminal Appeal No. 685 of 2018 has been preferred by the 8th accused, Criminal Appeal No. 722 of 2018 has been preferred by the 4th and 10th accused, Criminal Appeal No. 740 of 2018 has been preferred by 9th accused, Criminal Appeal No.775 of 2018 has been preferred by the 11th accused and Criminal Appeal No. 790 of 2018 has been filed by 2nd, 3rd, 5th, 6th and 7th accused.

3. The facts of the case, in brief, are as follows:

The accused are loyalists of the Communist Party of India (Marxist) [C.P.I.(M)], and Pramod and Prakashan, the deceased and injured in this case, were workers of the Bharatiya Janata Party [B.J.P.]. Due to political rivalry, on 15.08.2007 at 6.00 p.m., accused Nos. 1 to 3 hatched a criminal conspiracy in the house of accused No.3. In pursuance of the conspiracy, on 16.08.2007 at 7.00 a.m. accused Nos. 1 to 11 and other five identifiable assailants formed themselves into an unlawful assembly, armed with dangerous weapons, on a property where cashew trees were planted and in the prosecution of the common object of the said assembly, the accused attacked Pramod and Prakashan, while both of them were proceeding to Vannathimoola Bhagam from Muriyad by walking through a pathway situating close to the cashew tree plantation. Accused Nos. 1, 2, 3, and 11 raised exhortations to hack and kill Pramod and Prakashan. Meanwhile, the 4th accused hacked Pramod with a chopper while accused Nos. 5, 9, and 10 with choppers, and accused Nos. 6, 7, and8 with swords repeatedly hacked Pramod and the other five identifiable assailants, struck Pramod’s head, legs, and hands by using iron sticks and murdered him. Furthermore, the accused attempted to murder Prakashan by inflicting multiple hack and stab wounds to his head, hands, and legs with swords. Hence, the accused are alleged to have committed the offences punishable under Sections 120(B), 143, 147, 148, 341, 326, 307, 302 r/w 149 of Indian Penal Code.

4. On completion of the investigation, the final report was submitted before the Judicial First Class Magistrate Court, Kuthuparamba. As the case was one triable exclusively by the Court of Session, the learned Magistrate after complying with all the necessary formalities committed the case to the Court of Session, Thalassery. After taking cognizance, the learned Sessions Judge made over the case for trial and disposal to Additional Sessions Court-IV, Thalassery.

5. On the appearance of the accused before the Additional Sessions Court-IV, Thalassery, both sides were heard under Section 227 of the Cr.P.C. Upon hearing under Section 227 of Cr.P.C. and perusal of records, as it was satisfied that this was not a fit case to discharge the accused, the learned Additional Sessions Judge, framed a written charge against the accused for the offences punishable under Sections 120B, 143, 147, 148, 341, 326, 307, 302 r/w 149 of IPC. When the charge was read over and explained to the accused, all of them pleaded not guilty and claimed to be tried.

6. The prosecution thereupon examined 24 w