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2. Briefly stated, the prosecution case is as under:-

(a) Vishwanathan (the deceased) was a member of the Rashtrya Sewak Sangh (RSS) whereas the appellants are the sympathisers of the Communist Party (Marxist),(CPM). These two parties have a long standing political rivalry and it has percolated down to students of some schools. On August 3, 1989, around 9 A.M a group of students belonging to Kerala Students Union, (KSU) and Akhil Bhartiya Vidya Parishad (ABVP) (which own allegiance to RSS) of Government High School, Aroli in Pappinissery, resorted to strike as a mark of protest against the inadequate facilities given to the students of the local Government Engineering College.

Another group of students, who were sympathisers of CPM and members of its students'wing, namely the Students Federation of India (SFI), resisted the strike. Over that issue there was an exchange of blows between the two groups. Following the rumpus, some outsiders belonging to CPM including the appellants, cane to the school compound and beat some of the students belonging to ABVP.

(b) A little later Vishwanathan (the deceased), a local leader of RSS, along with Kauprath Rajesh(P.W.5) came there and openly gave out that if any body dared to attack students of ABVP he would be taught a good lesson and then left the place. Muralidharan (P.W.2), Pramod (P.W.3) and some other students of their group then proceeded to Keecheri Hills where RSS have a Sakha,(a place where RSS workers meet for their organisational activities). On the way they met Rajendran and Jayarajan (P.W.4), two other RSS workers, who also accompanied them. When, reaching there, they were discussing with Vishwanathan and Rajesh about the necessity of taking the injured to the hospital for treatment, a mob of 15/20 persons, including the appellants, cane there armed with daggers, sticks, iron rods and stones and attacked them. On being so attacked they ran for their life in different directions. While P.W.4 rushed into the house of Santha (P.W.6), which is near the Sakha, deceased Viswanathan, P.W.2 and Rajendran took shelter in the neighbouring house of Parvathi (P.W.7) and Kunhiraman (P.W.8). The other RSS workers escaped to the nearby jungle. In chasing them the riotous mob came to the house of P.W.7 and surrounded it. The mob then started pelting stones towards and hammering and windows of the house. Probably, realising that it was not safe to remain there Vishwanathan opened the door and ran for his life. The mob then chased Vishwanathan who, finding no other alternative, entered the house of one Kumaran, which was at a distance of half a kilometre from the house of P.Ws.7 & 8. The mob followed him there and after killing him brutally disappeared from the scene.

5. On a detailed discussion of the evidence adduced during trial, Including that of Unnikrishnan (D.W.1), the trial Court recorded the following findings:-

(i) In the morning of August 3, 1989 there was a fracas between the students of the two rival groups, one owning allegiance to RSS and the other to CPM in the Government High School, Aroli in which some outsiders belonging to the latter took sides;
(ii) on hearing about the incident the deceased Vishwanathan, a leader of RSS, came to the school and hurled threats and abuses on the sympathisers of the rival group;

6. From the above quoted findings it is obvious that the incident that took place in the school in the morning coupled with the role that Vishwanathan played immediately thereafter operated as the motive to the group of CPM workers to attack RSS workers in general, and Vishwanathan in particular, at the Sakha. In that background when the weapons they were carrying and the manner in which they started beating the RSS workers, chased them from one house to another where they took shelter and ultimately hacked Vishwanathan to death are considered, there cannot be any manner of doubt that their common object was to commit his murder and cause injuries to his followers and that in prosecution of that common object they committed the murder and caused injuries to P.Ws.2,4,and 5.