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2022 Supreme(Online)(KER) 25350

HIGH COURT OF KERALA
,
SIVALAL – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Vinod Chandran, J.

Political rivalry, is a simmering cauldron of intrigue, spite and deceit, often spewing out the venom of hatred, in the form of mindless bloodshed. The men in red and those saffron clad, are divided on political lines and the instant case is alleged to be the murder of one among the former, by a few in the latter group. The prosecution alleges that starting from 2001 there were instances of violence, eventually leading to the murder of the deceased in this case; an active CPI(M) worker at Thiruvananthapuram. The crime is also alleged to be the result of a conspiracy hatched and the criminal acts in furtherance of the same, by the accused; dedicated cadre of the R.S.S.

2. A1 to 10 and A12 to 15 are alleged to have conspired to murder Vishnu, and in furtherance of such common intention, formed themselves into an unlawful assembly, committed rioting, armed with deadly weapons and country bombs and hacked Vishnu to death. The accused were charged with offences under Sections 120B, 143, 147, 148 and Section 302 read with Section 149 IPC. A11 and A16, accused of attempting to screen and harbour A2 and A3, were charged under Section 201 and under Sections 120B, 14

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