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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.
1. The present criminal appeal arises out of judgment and order dated 12th April 2011 passed by High Court of Kerala at Ernakulam, in Cri. Appeal No. 1040/2006. By the impugned judgment and order, the Appellants/Accused- A4 to A10 and A13 A15 have been acquitted under Sections 302 r/w 149 of the Indian Penal Code, 1860 (hereinafter ‘ IPC ’) while conviction and sentence against A1 to A3 and A11 and A12 was confirmed. Additionally, A3 was convicted and sentenced under Section 5 of the Explosive Substance Act,1908.
FACTS
2. For the sake of brevity and for maintaining continuity the accused persons are referred as per their sequence in the trial.
3. The factual matrix of the case are that on 01.03.2002, Rashtriya Swayam Sevak Sangh/Vishva Hindu Parishad (in short
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