IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 11^TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 CRL.A NO. 1968 OF 2007 AGAINST THE JUDGMENT DATED 28/06/2007 IN SC 267/2002 OF DISTRICT COURT & SESSIONS COURT,THALASSERY CP 13/2002 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,THALASSERY APPELLANT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY SPL PP SRI S U NAZAR RESPONDENTS/ACCUSED NO.6, 8, 9: 1 KUNIYIL SHANOOB, S/O NANU KUNIYIL HOUSE, KADIRUR AMSOM DESOM.

2 KOVVERI PRAMOD KADIRUR AMSOM, DIAMOND MUKKU.

3 THYKKADNY MOHANAN, S/O. KUMARAN, DRIVER, THYKKADY HOUSE, PATTIAM AMSOM, PATHJAYAKKUNNU.

BY ADV SRI.S.RAJEEV OTHER PRESENT:

THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON 11.01.2024, ALONG WITH CRL.A.1187/2007, 1190/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 11^TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 CRL.A NO. 1187 OF 2007 AGAINST THE JUDGMENT DATED 28/06/2007 IN SC 267/2002 OF DISTRICT COURT & SESSIONS COURT,THALASSERY APPELLANTS/ACCUSED 4, 5 & 7:

1 PARA SASI, S/O ANANDAN, AGED 44 YEARS DIAMOND MUKKU, KADIRUR AMSOM.

2 ELAMTHOTTATHIL MANOJ, S/O CHATHU AGED 32 YEARS, COOLIE, ELAMTHOTTATHIL HOUSE, PATTIAM AMSOM, KIZHAKKE KADIRUR.

3 J.P. @ JAYAPRAKASHAN, S/O.KUNJIKANNAN AGED 40 YEARS, DRIVER, KADIRUR AMSOM, DESOM.

BY ADV SRI.S.RAJEEV RESPONDENT/COMPLAINANT:

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.169/1999 OF PANOOR POLICE STATION).

BY SPL PP SRI S U NAZAR THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON 11.01.2024, ALONG WITH CRL.A.1968/2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 11^TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 CRL.A NO. 1190 OF 2007 AGAINST THE JUDGMENT DATED 28/06/2007 IN SC 267/2002 OF DISTRICT COURT & SESSIONS COURT,THALASSERY APPELLANTS/ACCUSED NOS.1 TO 3:

1 KADICHERY AJI @ AJITH KUMAR S/O ANANDAN, AGED 43 YEARS, DRIVER, KADIRUR AMSOM, DIAMOND MUKKU.

2 CHIRUKANDOTH PRASANTH S/O NANU, AGED 34 YEARS, COOLIE, CHIRUKANDOTH HOUSE, KADIRUR AMSOM.

3 KOYYON MANU @ MANOJ S/O NANU, AGED 37 YEARS, COOLIE, KOYYONDAVIDA HOUSE, PATTIAM AMSOM, KIZHAKKE KADIRUR.

BY ADVS.

SRI.P.S.SREEDHARAN PILLAI ARJUN SREEDHAR SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENT/COMPLAINANT:

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

BY SPL PP SRI S U NAZAR THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON 11.01.2024, ALONG WITH CRL.A.1968/2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Crl.Appeal No.1187/2007 is by the accused No.4, 5 and 7 against the judgment of conviction and order of sentence. Crl.Appeal No.1190/2007 is by accused No.1, 2 and 3. The other appeal - 1168/2007 is by the State against the order of acquittal of accused No.6, 8 and 9. During the pendency of appeal, accused No.5 and 8 passed away and nobody turned up to implead and to represent the deceased accused No.5 and 8.

2. Heard the learned counsel for the petitioners Sri.S.Rajeev and Sri.Arjun Sreedhar and the learned Special Public Prosecutor Sri.S.U.Nasar.

3. At the very inception, it was submitted that what is involved is a very serious offence, the result of political enmity between two fractions of CPIM on one part and RSS and BJP on the other part. The injury sustained by the victim - PW1 comes to more than ten in numbers, which would sufficiently show that there are separate independent blows atleast more than ten in number. The nature of injury alleged to have been sustained as discernible from Ext.P6 wound certificate are six chopped wounds and another four incised wounds having extensive measurements. The first injury noted is a chopped wound on the elbow. The second wound is also a chopped wound on the