JUDGMENT

“CR”

Raja Vijayaraghavan.(J)

1. As many as 25 accused were indicted for the offence under Section 143, 147, 148, 324 and 302 read with Section 149 of the IPC, S.3 & 5 of the Explosives Substances Act, 1908 and Section 27(1) of Arms Act, 1959 and they were tried by the Court of Sessions, Thalassery, for their role in a gruesome incident involving explosive devices which took place at 5.15 p.m on 23.5.2002 at a place called Karkode in Thillankari amsom, Kannur District. 2. The prosecution case, as is revealed from the evidence, unfolds in the following manner:-

Uthaman, an activist of the RSS was murdered on the previous day and a hartal was organized by the RSS on 22.5.2002 at the Karcode Area. Deceased Ammukutty Amma was a distant relative of Uthaman, and she along with her grandson, Shiju (PW 1) and some other persons who owe allegiance to the RSS were returning back in a Jeep driven by one Shihab, after attending the funeral ceremonies of the deceased. A total of 13 persons were inside the Jeep which included PW2 - P.S.Prakash, PW3 - Abhilash P.V., CW5 - Sasidharan, CW11 - Velayudhan, CW7 - M.N.Biju, CW6 - K.P.Santhosh, CW10- Manoj, CW8 - Nipun and CW9 - Vadakkeyil Viju. Whi