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1974 Supreme(SC) 58

M.H.BEG, R.S.SARKARIA, Y.V.CHANDRACHUD
Bava Hajee Hamsa – Appellant
Versus
State Of Kerala – Respondent


Advocates:
A.S.NAMBIYAR, K.T.Harindernath, Nuruddin Ahmed

Judgment

SARKARIA, J.:- These Criminal appeals arise out of the same Judgement of the High Court of Kerala and will be disposed of by a single Judgment.

2. The four appellants, Hussanali Alikunju alias Ali, Hassanali, Adbu, Bava Hajee Mohamedali alias Mammu and Bava Hajee Hamsa (hereinafter referred to as A-1, A-2, A-3 and A-4 respectively) and 7 others were tried on various charges under Ss. 143, 148, 302, 307, 326, 324 read with S. 149, Penal Code for causing the death of Kochunni and Kunjeen and injuries to others in an incident on March 14, 1969 in village Veliyathunad.

3. There are two factions of Muslims in village Veliyathunad, one of the descendants of Nadiattil and Allapat families and the other of the lower middle class. Appellants and other co-accused belong to the former faction, the prosecution witnesses and faction, the prosecution witnesses and the deceased to the latter. These factions had their own kalaries (gymnasiums wherein youngsters were given training in physical culture). A-2 was the Ustad (Master) of the Kalari of the accused, while the kalari of the prosecution faction was run by the brother of P. W. 1 in the latter s compound. Rivalries existed between the t








































































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