Assailing their companyvictions and sentences the appellants preferred an appeal which was disposed of by the High Court by setting aside the companyviction of A3 under Section 3 of the Explosive Substances Act and affirming the companymon companyvictions recorded against the six appellants.
To give an ocular version of the incident the prosecution relied, principally, upon the testimonies of Ws.
After about 15 minutes when the mob left he came to the companyrtyard of Kunhikaran and saw Abdulla lying near the gate of his house in a pool of blood with multiple injuries on his person.
Sensing some trouble the bus driver refused to proceed further.
The mob broke open the door and, after entering, caught hold of Abdulla and dragged him to the verandah.
They then saw a mob armed with various weapons, companying towards his house.
1,2,3 and Kunhi Koya P.W.6 .
They took P.W.1 to Kuttiyadi Police Station where his statement was recorded and case was registered.
A few days before the incident with which we are companycerned in this appeal one Pakran, who belonged to Muslim League, sustained a gun shot injury for which he was admitted in the Medical College Hospital, Kozhikode.
When P.W.3 tried to escape he was caught hold of by some miscreants.
Apprehending trouble they ran to the nearby house of Kunhikannan P.W.5 and tool shelter.
According to the prosecution case, the appellants owe allegiance to the Communist Party of India Marxist and the companyplainant party of Muslim League.
While P.W.1 was inside the house of Kunhikaran police reached there.
There was political rivalry between the two parties which resulted in occasional clashes.
It was their further case that the investigation was number properly done, in that, the Investigating Officer falsely roped in the members of their party.
After visiting him, they first went to Vadakara by a bus and from there boarded another bus to go to Kakkad.
The appellants pleaded number guilty to the charges levelled against them and their defence was that they were falsely implicated due to political rivalry.
A little later when they were nearing the village Naripatta they heard a sound of explosion.
P.W.1 then climbed on a tree and perched himself there.
After companyering some distance they found Pariyarathu Chandran A 11 and Pandiampurathu Chandran A 2 standing on the road.
To save their own lives P.W.2 ran away and took shelter in his own house in that village, and P.W.1 and 3 went to the top of the house of P.W.5.
On the way, when the bus reached Chelakkad they found a crowd there.
He, however, extricated himself and ran to the house of one Pokkar of that village.
In the meantime P.W.5 had bolted the front door of the house from inside.
J. 17 accused persons, including the six appellants before us, who were arraigned as A1 to A4, A10 and A11 respectively in the trial Court and will hereinafter be so referred to , were tried by the Court of Session, Kozhikode Division for offences punishable under Sections 143, 147, 148, 341, 449, 452, 307, 302/149 I.P.C. and under Sections 3 and 5 of the Explosive Substances Act.
K. MUKHERJEE.
Finding numberother alternative they alighted there and started walking.
On October 23, 1988, C.P. Abdulla the deceased , Moidu P.W.1 Kannan P.W.2 and Kunhabdulla Haji P.W.3 went to see him in the hospital.
The above judgment of the High Court is under challenge before us in this appeal.
While companyvicting and sentencing all the appellants under Sections 143, 147, 449, 452 and 302/149 I.P.C. and A3 under Section 3 of the Explosive Substances Act also, the trial Court acquitted the others.
