she was kicked and pushed down.
Thereafter A 8 poured petrol over the roof and set fire to the tea shop.
One R.S.S. sympathiser by name Sivan was alleged to have been done to death by the Marxists earlier.
P.W.31.
During the pendency of the appeal A 6 died and the High Court companyvicted the remaining accused, who are the appellants before us, and sentenced them to undergo imprisonment for life under Sections 302/ 149 I.P.C. and for other periods varying from six months to five years under the other charges.
P.W. 1 had merely identified some of the accused in the group but did number attribute any overt acts to any one of them.
A 8 poured petrol and set fire.
She named as many as 9 accused.
attached to Pulincunnu Police Station on getting information about the atrocities proceeded to the place of incident with a party and recorded Ex.
After that they proceeded towards the east raising cries and placed the severed head of the deceased on the bridge.
On the way they also came to the tea shop of P.W. 11 and set fire to the same.
Hence the present appeals.
Thereafter the accused proceeded to the east along the road and reached the house of Thankappan and surrounded the house.
Then they proceeded to the bunk shop of Thankappan and A 8 set fire to that shop.
14.15.16.17.19.20.22.23.24.25.27.34.37 and 38 turned hostile.
With that background the trial companyrt proceeded further to discuss the evidence of the remaining eye witnesses.
The accused pleaded number guilty.
A 1 inflicted cut injury with a chopper on his right shoulder.
Thereafter they proceeded to Kuttan Taluk companymittee office of C.P.I. M .
examined the injured witnesses and issued the wound certificates in respect of the injuries found on them.
S.I of Police.
The deceased rushed to the east and was chased by all the accused.
The deceased then rushed to the south and stepped into the companyrtyard of P.W.34.
Thereafter the accused went to the local companymittee office of C.P.I. M and set fire to the furniture.
A l. A 2.
The prosecution case is as follows The accused are said to be the sympathisers of the S.S. having political animosity towards the sympathisers of Marxist Party to which the injured witnesses and the deceased belong.
P.C. are filed against the judgment of the High Court of Kerala.
Then then proceeded along the eastern side of the bridge and reached the boat shed belonging to the union and they set fire to the same causing a loss of Rs.
P.W.29.
S.P., took up the investigation.
At about 1 Oclock in the night, the accused in the first instance approached the house cum tea shop of W.4, cut open the fence of the house and A 1 to A 5 entered the house and thereby companymitted the housebreaking.
intervened.
Likewise they damaged the house of P.W. 10.
Altogether 15 accused were tried by the Sessions Judge, Alleppey for offences punishable under Sections 143, 147, 148, 149, 286, 452, 323, 324, 326, 436 and 302 I.P.C. A 1 was murdered sometime during the pendency of the trial and the remaining accused were acquitted by the trial companyrt.
The State of Kerala filed an appeal against the acquittal in the High Court.
Assistant Professor of Forensic Medicines companyducted the post mortem on the body of the accused and the severed head and issued the post mortem certificate.
held the inquest over the dead body and the severed head and visited various places where the damage had been caused.
She was cross examined at length as to how she companyld companye to know that.
got out of the house with the children and she cried out ,to her husband that the assailants we.e R.S.S. men.
trespassed into the companypound.
and damaged the furniture and other articles.
A8 poured petrol and set fire to the house.
wife of P.W.4.
On the night of 9.11.81 the accused having formed themselves into an unlawful assembly armed with deadly weapons like choppers, sword sticks, axes, lathis and iron rods unleashed terror in Thekkekara at Mankombu in Kuttanad and companymitted a series of criminal acts.
his wife.
During the trial P.Ws.
4.5.6.9.12.
The prosecution examined as many as 41 witnesses.
the Doctor.
Thereafter A 1 cut and severed the head of the deceased and took up the head of the deceased raising war cries and proceeded along the road.
broke open the front door and some of them entered the building.
But the accused reached the place and A 4 inflicted a cut injury on the neck with an axe.
The accused were arrested on various dates and after companypletion of the investigation, the charge sheet was filed.
Then there remained P.Ws.1 to 3.7.8.10.11 and 13 who supported the prosecution story and who are admittedly interested and inimical witnesses.
P.Ws.1 to 3 formed one group.
A 2 inflicted a cut injury with a chopper on the head of W.4.
The trial companyrt in the first instance discussed the evidence of P.W.I in detail and pointed out various infirmities.
The deceased fell down.
2 to 5 and 7 to 15 are the appellants herein.
P.W.39.
1 lac.
the statement of P.W.I and registered the crime and issued the F.I.R.P.W.40.
When Thankappan go out of the house.
and they did number support the prosecution case.
JAYACHANDRA REDDY, J. These three appeals under Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act read with Section 379 Cr.
Original accused number.
A 3 and A 5 inflicted several injuries on P.W.5 and when P.W.6.
and prepared mahazars in respect of the above said places of occurrence.
P.W.7.
This aggravated the strained feelings.
A 3 and A 5 inflicted a number of injuries with choppers and swords.
