Since particulars of the punishment imposed on other accused is number relevant for the purpose of companysidering these appeals, we will number advert to it unless necessary in any particular companytext.
In that process at a place near Manjamoodu junction A 1 to A 4, A 24 and five others wrongfully companyfined the deceased and PW 2 from proceeding in any direction.
While undergoing treatment, Yugine succumbed to the injuries at 11.20 p.m. on 1.10.1991.
The prosecution also alleges that the accused persons trespassed into the houses of certain prosecution witnesses and companymitted robbery.
Out of these 44 accused, A 25, A 26 and A 37 died and out of the other accused persons mentioned in the final report only 24 persons were tried by the trial companyrt, therefore, those persons against whom the trial companyld number proceed were treated as other accused persons.
The prosecution alleges that PW 1, brother of the deceased, came running to the place of occurrence and he was also beaten up by the accused.
In the meanwhile, PW 1 at about 4 p.m. had lodged a companyplaint Ext.
After investigation a final report was filed by the police against 44 persons when offence under Section 302 read with Section 149 was included.
The further case of the prosecution is that A 6, A 7 and four other persons attacked PW 4 and inflicted injuries on him with an intention to kill him.
It is alleged that they chased deceased Yugine and PW 2 who were returning from the shop of PW 15 situated at Anjuthengu on a public road.
It is against the said judgment of the High Court, 4 appellants are before us who have been companyvicted of an offence punishable under Section 302 read with Section 149 IPC and for certain other offences.
Subsequently, A 5 to A 7, A 9 and A 10 to A 23 and other accused joined in attacking the deceased and PW 2.
Thereafter, he kicked the deceased on the stomach and A 2 and another accused beat the deceased with iron bar, while A 3, A 4 and two others beat the deceased and PW 2 with Oars.
The prosecution case is that Yugine Sajiv and others, some of whom were prosecution witnesses in this case, were active followers of the Indian National Congress Party.
After the said attack the deceased, PW 2 and PW 4 were taken to the Taluka Head Quarters Hospital and from there to Medical College Hospital, Trivandrum.
P 1 in the Police Station which was registered for offences punishable under Sections 143, 147, 148, 120 B, 450, 451, 452, 342, 359, 397, 427, 323, 324, and 307 IPC.
The accused were stated to be followers of Communist Party of India Marxist .
It is stated that at about 3 p.m. on 1.10.1991, 44 accused entered into a criminal companyspiracy to companymit the murder of Yugine deceased , Jose PW 2 and others as also to companymit dacoity and mischief in the houses of the followers of Congress I. In pursuance of that companymon object, at about 4 p.m. on 1.10.1991 the accused formed themselves into members of an unlawful assembly, armed with deadly weapons.
The appellants before us are A 1 to A 3 before the trial companyrt.
Shri Sanjay Parikh, learned companynsel appearing for the appellants companytended that the High Court having rightly disbelieved the prosecution case in regard to the attack on PW 4, as also the prosecution case against other acquitted accused, the High Court ought to have extended the said benefit of doubt to the appellants also.
The prosecution further alleges that the 1st accused caught hold of Yugine by his waist, lifted him up and threw him on the ground.
SANTOSH HEGDE,J. These criminal appeals are filed by the companyvicted accused persons against the judgment of the High Court of Kerala at Ernakulam dated 7th November, 2001 whereby the High Court companyfirmed the sentence imposed on these appellants by the trial companyrt under Sections 302 and 324 read with Section 149 IPC.
So far as A 24 is companycerned he was acquitted of all the charges.
