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SUPREME COURT OF INDIA
PRASANNA B. VARALE, J
EDAKKANDI DINESHAN @ P. DINESHAN & ORS. – Appellant
Versus
STATE OF KERELA – Respondent
| Table of Content |
|---|
| 1. overview of the case leading to the present appeal. (Para 1 , 3 , 4) |
| 2. arguments regarding fir's credibility and witnesses' reliability. (Para 7 , 8) |
| 3. court's analysis of witness credibility and significance of evidence. (Para 10 , 11 , 12 , 24) |
| 4. application of principles regarding credibility and evidence. (Para 25) |
| 5. conclusion of the court, upholding high court's judgment. (Para 26) |
PRASANNA B. VARALE, J.
FACTS
3. The factual matrix of the case are that on 01.03.2002, Rashtriya Swayam Sevak Sangh/Vishva Hindu Parishad (in short ‘RSS/VHP’) had called for a hartal. The Hartal led to clashes between members of the Communist Party of India (M) (in short ‘CPI (M)’) and RSS. A group of 11 persons, afraid of the mob led by CPI(M), hid and stayed near a shed situated near the Meloor river. At midnight, they saw 11 persons coming from the eastern side and 5 persons coming from the northern side carrying deadly weapons like, axe, dagger and chopper. All the 11 but for the 2 deceased persons were alerted and rushed towards the river to save themselves. The two deceasednamely Sunil and Sujeesh, were asleep and thus, the mob inflicted fatal injuries on them. The body of Suj
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