Aniruddha Bose JUDGMENT
Deepak Gupta, J.
1. These appeals are directed against the judgment dated 23.05.2009 passed by the High Court of Kerala whereby it allowed the appeal filed by the State, set aside the acquittal of the Appellants recorded by the trial court and remanded the matter to the trial court for fresh consideration.
2. Briefly stated the prosecution story is that on 12.10.1999 at about 8.30 a.m. 14 Accused persons and 10-20 others formed an unlawful assembly. These persons were armed with deadly weapons like country-made bombs etc. They hurled bombs at Parayil Sasi. One of the bombs exploded and said Parayil Sasi received grievous injuries and succumbed to the same. Report in this regard was lodged by Kollam Kunnummal Achuthan (PW-1) in which he stated that at about 8.30 a.m. on 12.10.1999 he was sipping tea at the tea shop run by Rajeevan (not examined) at Ayithara. He heard the sound of a loud explosion of bomb from the side of L.P. School ground. He got down from the tea shop and stood on the ground. At that time, he saw the 14 Accused (named) and about 10-20 other Accused (unnamed) running and rushing towards Parayil Sasi and 3 of his associates who were walking through the paddy field on the raised boundary of the same. Kooli Saseendran (Accused 1) said 'kill him' and hurled bomb at Parayil Sasi. This bomb hit the face and body of Parayil Sasi, who fell down on the bund of the canal. The other persons with Parayil Sasi turned back and ran away. According to this witness, in addition to bombs, the Accused were armed with choppers, spades etc. Immediately after the occurrence they went away. The reason for the attack was that Parayil Sasi was an RSS activist whereas those who hurled bombs at Parayil Sasi and killed him were all CPM workers. The motive of the crime was stated to be political animosity. First information report (FIR) in this behalf was registered at 10.00 a.m. Thereafter investigation was carried out by the police and the Accused were charged with having committed offences punishable Under Sections 143, 147, 148, 302 read with Section 149 of the Indian Penal Code 1860 and Sections 3 and 5 of the Explosive Substances Act, 1908. The case was committed to the Court of Sessions. The Accused pleaded not guilty and claimed trial. The trial court acquitted the accused. The High Court set aside the order of acquittal and remitted the case to the trial court giving permission to both the prosecution and the defence to lead fresh evidence.
3. We have heard learned Counsel for the parties.
4. As far as the death of Parayil Sasi is concerned, the same is not denied. The only issue is who killed him and who was responsible for his death. The prosecution case is totally based on the testimony of PW-1 and PW-3. They are stated to be the eye-witnesses to the occurrence. PW-1 while appearing in court virtually repeated what has been said i........