FIROZUDDIN BASHEERUDDIN Vs. STATE OF KERALA

JUDGEMENT

(1.) These three appeals are directed against the common judgment of the High Court of Kerala dated 17-10-1997 in Criminal Appeal Nos. 167, 145 and 218 of 1995. The appellants were accused Nos. 3,4,5,7,9 and 15 in Sessions Case No. 66/92 of IV Additional Sessions Court, Ernakulam. Initially 19 persons were arrayed as accused in the case. Three of these accused persons i.e. accused Nos. 8, 11 and 14 became approvers pursuant to the pardon granted to them and they have been examined as PWs. 1 to 3. Out of the 16 accused persons sent up for trial, eight accused i.e. Nos. 1,2,6,8, 10, 11, 12 and 13 were absconding. The case against them was split up and was refiled as CP No. 2/92 on the file of the Chief Judicial Magistrate, Ernakulam. The remaining eight accused persons were tried in Sessions Case No. 66/92 for offences punishable under Sections 120-B, 302 read with Section 511, IPC. Section 302 read with Section 120-B, IPC and Sections 34, 109, 143, 148, 201 read with Sections 34, 109 and 120-B and Section 194, IPC and also under Section 27 of the Arms Act.

(2.) The learned Additional Sessions Judge by the judgment dated 17-1-1995 found the appellants guilty and sentenced them to undergo imprisonment for life under Section 120-B and to undergo a similar sentence under Section 302 read with Section 120-B and Section 34, IPC. The appellants were also found guilty and sentenced to undergo RI for five years under Section 201 read with Section 120-B and Section 34, IPC. The appellants were found not guilty of the offences charged under different sections of the IPC and Sections 25 and 27 of the Arms Act. Accused Nos. 14 and 16 were found not guilty and were acquitted of all charges.

(3.) Against the judgment of the Sessions Court, Accused Nos. 7 and 9 filed criminal appeal No. 145/95, Accused Nos. 3,4, and 5 filed Criminal Appeal No. 167/95 and Accused No. 15 filed Criminal Appeal No. 218/95. All the three appeals were dismissed by the High Court by judgment dated 17-10-1997, which is under challenge in these appeals.