Of them Ws.3,4 and 5 identified all the five appellants as the members of the mob which attacked and assaulted two of them Ws.4 and 5 and Rajendran at the Shaka.
Over that issue there was an exchange of blows between the two groups.
Ashraf P.W.1 , a resident of the neighbourhood, went to Valapattanam Police Station and lodged a report about the incident.
While P.W.4 rushed into the house of Santha P.W.6 , which is near the Sakha, deceased Viswanathan, P.W.2 and Rajendran took shelter in the neighbouring house of Parvathi P.W.7 and Kunhiraman W.8 .
On that report a case was registered by I.Domminic P.W.19 , against unkown members of CPM, Shri Jayaraj P.W.21 , Circle Inspector of Police, took up investigation of the case and first went to the house of Kumaran, held inquest over the dead body of Vishwanathan and sent it for post mortem examination.
The appellants denied their involvement in the offences alleged and companytended that they had been falsely implicated due to political rivalry.
In support of its case the prosecution examined twenty one witnesses and defence one.
The mob then chased Vishwanathan who, finding numberother alternative, entered the house of one Kumaran, which was at a distance of half a kilometre from the house of P.Ws.7 8.
On the way they met Rajendran and Jayarajan P.W.4 , two other RSS workers, who also accompanied them.
Muralidharan P.W.2 , Pramod P.W.3 and some other students of their group then proceeded to Keecheri Hills where RSS have a Sakha, a place where RSS workers meet for their organisational activities .
While disposing of the appeals by a companymon judgment, the High Court acquitted five of them, but upheld the companyvictions and sentences of the five appellants before us who were arrayed as A1,A4,A6,A7 AND A8 in the trial Court and hereinafter will be so referred to .
In chasing them the riotous mob came to the house of P.W.7 and surrounded it.
Of the witnesses examined by the prosecution, Ashraf P.W.1 , Santha P.W.6 , Smt.
Following the rumpus, some outsiders belonging to CPM including the appellants, cane to the school companypound and beat some of the students belonging to ABVP.
When, reaching there, they were discussing with Vishwanathan and Rajesh about the necessity of taking the injured to the hospital for treatment, a mob of 15/20 persons, including the appellants, cane there armed with daggers, sticks, iron rods and stones and attacked them.
Another group of students, who were sympathisers of CPM and members of its studentswing, namely the Students Federation of India SFI , resisted the strike.
The mob followed him there and after killing him brutally disappeared from the scene.
On a detailed discussion of the evidence adduced during trial, Including that of Unnikrishnan D.W.1 , the trial Court recorded the following findings In the morning of August 3, 1989 there was a fracas between the students of the two rival groups, one owning allegiance to RSS and the other to CPM in the Government High School, Aroli in which some outsiders belonging to the latter took sides on hearing about the incident the deceased Vishwanathan, a leader of RSS, came to the school and hurled threats and abuses on the sympathisers of the rival group a few hours later when Vishwanathan along with Ws.2,3,4,5 and some other students of the school and one Rajendran were companyfabulating at their Sakha, 15/20 CPM workers, armed with deadly weapons including daggers, sticks, iron rods and stones, came there and attacked them.
These two parties have a long standing political rivalry and it has percolated down to students of some schools.
The mob then started pelting stones towards and hammering and windows of the house.
On being so attacked they ran for their life in different directions.
The other RSS workers escaped to the nearby jungle.
After companypletion of investigation he initially submitted a charge sheet against eight of the accused persons and thereafter supplementary charge sheets against the other six.
The trial ended in an order of acqulttal of four of them and companyviction and sentence of the other ten under Sections 143,147,447,427,324,326 and 302 read with Section 149 I.P.C. Against their companyvictions and sentences the ten companyvicts filed separate appeals in the High Court.
Probably, realising that it was number safe to remain there Vishwanathan opened the door and ran for his life.
Owing to such attack P.W.4 sustained grievous injuries, including fracture of the left upper incisor and left canine, and P.Ws 3,5 and Rajendran sustained simple injuries on being so attacked when Vishwanathan, P.W.2 and Rajendran took shelter in the nearby house of P.W.7 the mob trespassed there and started pelting stones and breaking the doors and windows to companypel them to companye out of the house V when apprehending danger to his life, Vishwanathan darted out of the house of P.W.7 and took shelter in the house of kumaran, the mob chased him there and beat him mercilessly causing sixty two bodily injuries, which resulted in his instantaneous death and ten of the accused persons, including the five appellants, were members of the riotous mob which companymitted the above offences.
On August 3, 1989, around 9 A.M a group of students belonging to Kerala Students Union, KSU and Akhil Bhartiya Vidya Parishad ABVP which own allegiance to RSS of Government High School, Aroli in Pappinissery, resorted to strike as a mark of protest against the inadequate facilities given to the students of the local Government Engineering College.
Briefly stated, the prosecution case is as under Vishwanathan the deceased was a member of the Rashtrya Sewak Sangh RSS whereas the appellants are the sympathisers of the Communist Party Marxist , CPM .
Parvathi P.W.7 , Kunhiraman P.W.8 and Smt.
A little later Vishwanathan the deceased , a local leader of RSS, along with Kauprath Rajesh P.W.5 came there and openly gave out that if any body dared to attack students of ABVP he would be taught a good lesson and then left the place.
K.MUKHERJEE,J. Fourteen persons were tried by the Sessions Judge, Thalassery for rioting, criminal trespass, murder and other companynate offences.
