KURUCHIYAN KUNHAMAN Vs. STATE OF KERALA
LAWS(KER)-1974-1-23
HIGH COURT OF KERALA
Decided on January 08,1974

Kuruchiyan Kunhaman Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) 62 accused persons were tried in Sessions Case No. 36 of 1970, three accused persons in Sessions Case No. 51 of 1970, and one accused person in Sessions Case No. 8 of 1971 by the Sessions Judge, Kozhikode, in respect of offences they committed in the course of the same transaction at 3.30 a. m. on 22nd November 1968 at the Tellicherry police station of Cannanore District, and between 3.30 a. m. and 7.30 a.m. on 24th November 1968 within the limits of Pulpally police station of Kozhikode District, in pursuance of a criminal conspiracy and as members of an unlawful assembly armed with deadly weapons such as guns, spears, choppers, daggers and explosive substances like country made bombs and crackers, with the common object to attack the police stations at Tellicherry and Pulpally,
(2.) The reference to the number of the accused hereafter would be with reference to their numbers in the final charge before court by the police. Altogether there were 149 accused persons in the police charge.
(3.) The accused in all the three cases stood charged under S.120B of the Indian Penal Code. As against accused Nos. 1 and 62 the charge was under S.25 of the Indian Telegraph Act, 1885 (Act 13 of 1885). The charge against accused Nos. 1, 2, 8, 9, 10, 11, 13, 15, 42, 43, 50, 52, 53, 57, 58, 59, 60, 62, 63, 65, 69, 75, 76, 77, 78, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 100 and 125 was under S.148 IPC. As against the 2nd accused there was a charge under S.307 IPC. for attempting to cause the death of PW 64, a police constable on sentry duty at the police station, Tellicherry, by throwing a country bomb against him. Accused Nos. 1, 8, 9, 10, 11, 13, 15, 42, 43, 50, 52, 53, 57, 58, 59, 60, 62, 63, 65, 69, 75, 76, 77, 78, 82 to 91, 100 and 125 were also charged under S.307 read with S.149 IPC. for attempting to cause the death of pw 64.;


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