O R D E R

The judgment rendered by the Sessions Court, Manjeri in S.C No.114/1996, acquitting the accused in connection with the commission of offence under Sections 143, 147, 148, 323, 324, 302 and 120 r/w Section 149 I.P.C is under challenge in this revision petition filed by PW4 in that case.

2. The prosecution case is that on 07.12.1993, the accused, who are CPI(M) activists, hatched a criminal conspiracy at the house of the first accused, to eliminate Congress men of that locality, and in pursuance to that conspiracy, they formed themselves into an unlawful assembly armed with dangerous weapons at about 8:00 p.m, and committed rioting in prosecution of their common object by physically assaulting one Appunni and PW1 to PW4 with dangerous weapons like chopper, sticks, cable wire etc. leading to the death of the above said Appunni and causing injuries to PW1 to PW4. The revision petitioner (PW4) is the son of the deceased Appunni.

3. In the trial before the learned Sess