The evidential weight of injured witnesses' testimony is paramount in establishing guilt, with due consideration given to the context and circumstances of the incident.

JUDGMENT

Jobin Sebastian, J.

These appeals have been preferred, challenging the judgment of conviction and the order of sentence passed against the accused in S.C. No. 25/2009 on the file of the Additional Sessions Court-II, Thalassery, for offences punishable under Sections 143 , 147, 447, 324, and 302 r/w Section 149 of the IPC . Apart from that, accused Nos. 1, 2, 3, and 5 were also found guilty of the offence punishable under Section 148 of the , and accused Nos. 1 and 5 were further found guilty of the offences punishable under Sections 3 and 5 of the Explosive Substances Act . Out of these appeals, Crl. A. No. 1040/2019 has been preferred by accused No. 1, Crl. A. No. 913/2019 by accused No. 2, and Crl. A. No. 775/2019 by accused Nos. 3 to 5. By the impugned judgment, accused Nos. 6 to 16 were acquitted.

2. The prosecution case in brief is as follows:

Yackoob, the deceased in this case, was a CPI(M) activist, and the accused are activists of RSS/BJP. Due to political rivalry, under the leadership of accused No.14, the accused hatched a criminal conspiracy to murder Yackoob and in pursuance of the said plot, on 13.06.2006, at 9:15 p.m, they formed themselves into an unlawful assembly armed with dangerous weapons including country bombs and in prosecution of the common object of the said unlawful assembly criminally trespassed into the courtyard of the residential house of one Janaki (PW4), where Yackoob and other CPI(M) activists were present at that time. Scared of the accused, although Yackoob and those who were present there took to their heels, in the meantime, accused Nos. 1 and 2 voluntarily caused hurt to PW2 and PW3. Moreover, all the accused chased Yackoob, who ran towards the house of one Jameela (PW6), and accused No.5 hurled a bomb aiming at the head of Yackoob, which hit his head and exploded resulting in the death of Yackoob. Hence, the accused are alleged to have committed the offences punishable under Sections 143 , 147, 148, 447, 324, 120-B, and 302 r/w 149 of the IPC , Sections 3 and 5 of the Explosive Substances Act and Section 27 (1) of the Arms Act .

3. Upon completion of the investigation, the final report was laid before the Judicial First Class Magistrate Court, Mattannur. Being satisfied that the case is one triable exclusively by a Court of Session, the learned Magistrate, after complying with all the necessary formalities, committed the case to the Court of Session, Thalassery, under section 209 of Cr.P.C. The learned Sessions Judge, having taken cognizance, made over the case for trial and disposal to the Additional Sessions Court-II, Thalassery. On appearance of the accused before the trial court, the learned Additional Sessions Judge, after hearing both sides under section 227 of Cr.P.C. and upon perusal of the records, framed a written charge against the accused for offences punishable under sections 143, 147, 148, 120B, 447, 324, 302 r/w 149 of the IPC and Sections 3 and 5 of the Explosive Substsances Act and Section 27 (1) of the Arms Act . When the charge was read over and explained to the accused, they pleaded not guilty and claimed to be tried.

4. During the trial, from the side of the prosecution, PW1 to PW24 were examined and marked Exts.P1 to P49. MO1 to MO14 were exhibited and identified. The contradictions in the 161 statements of the prosecution witnesses were marked as Exts.D1 to D19 from the side of the defence. After the completion of the prosecution evidence, the accused were questione