Document Fragment View

Matching Fragments

2. The prosecution case, as is revealed from the evidence, unfolds in the following manner:-

Uthaman, an activist of the RSS was murdered on the previous day and a hartal was organized by the RSS on 22.5.2002 at the Karcode Area. Deceased Ammukutty Amma was a distant relative of Uthaman, and she along with her grandson, Shiju (PW 1) and some other persons who owe allegiance to the RSS were returning back in a Jeep driven by one Shihab, after attending the funeral ceremonies of the deceased. A total of 13 persons were inside the Jeep which included PW2 - P.S.Prakash, PW3 -

9. The Court before which the final report was laid, took cognizance of the offence. Finding that the offences are exclusively triable by a Court of Sessions, the said Court committed the case to the Court of Sessions, Thalassery under Section 209 of the Code of Criminal Procedure after following the necessary procedure.

10. The Sessions Court, Thalassery, after hearing the prosecution and the accused, framed charge for the offence under Section 143, 147, 148, 324 and 302 read with Section 149 of the IPC, S.3 & 5 of the Explosives Substances Act, 1908 and Section 27(1) of Arms Act, 1959. To the charge the accused pleaded not guilty and claimed to be tried. The prosecution thereafter had PW1 to 30 examined and had Exts.P1 to P33 marked. MO1 to MO12(y) were produced and identified. After close of the prosecution evidence, the incriminating materials arising in the evidence were put to the accused under Section 313(1) (b) of the Code. The accused denied the same. Apart from denying the incriminating circumstances stated that the explosion had taken place in a different manner. According to them, the explosive devices were carried in the jeep by the RSS activists who were travelling in the same on hartal day and the same had exploded when the jeep met with an accident and crashed into the electric post.

16. The learned counsel would further submit that it had come out in evidence that on the date of incident, the BJP had declared hartal owing to the death of Uthaman, an activist of the RSS, on the previous day. The case of the prosecution is that the victims and the deceased were returning after attending the funeral ceremonies of Uthaman. If that be the case, there was no reason or occasion for the members of a rival political party to waylay the jeep and throw explosive devices at the vehicle.

20. The death of Shihab and Ammukutty Amma, in pursuance to a bomb blast incident is undisputed. According to the prosecution, it was the appellants who had perpetrated the ghastly crime whereas the appellants content that the explosive devices were carried in the Jeep driven by deceased Shihab by the RSS activists who were traveling in the car and the same had exploded when the vehicle met with an accident .

21. Ext.P2 is the inquest report prepared by PW17 over the dead body of Ammukutty Amma and Ext.P3 is the inquest report prepared by PW 16 over the dead body of Shihab. It details the nature of injuries sustained by the deceased. Dr. K. Aboobacker, the assistant surgeon attached to the General Hospital, Thalasseri, had conducted autopsy over the body of the deceased. As his presence could not be secured, Ext. P25 and P26 were marked through PW 26, his predecessor, who was acquainted with the signature of Dr. Aboobacker.