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2. The prosecution alleged that accused 1 to 11 were activists of Communist Party of India (Marxist), [CPI(M) for short]. In the year 2003, National Democratic Front (NDF) influenced Muslim youngsters into their fold and some of the CPI(M) workers also joined NDF which resulted in constant conflicts between activists of NDF and CPI(M). On 23/6/2008, accused 1 to 5 attacked one Sainudheen who was sitting in a shop known as Salala Chicken Centre. To avoid the attack, Sainudheen ran towards a nearby shopping complex known as Lexi Complex. Accused 1 to 5 followed him with swords and knife. Sainudheen reached the first floor of Lexi complex. The assailants caught him. He was dragged to the floor and several injuries were inflicted on him with the weapons they had. Thereafter the assailants escaped from the scene in a Maruthi Omni van. Though Sainudheen was taken to Amala Hospital, Iritty in a jeep, he was referred to Government Hospital, Thalasserry. By the time, he was taken to the Indira Gandhi Co-operative Hospital, Thalasserry, he was declared dead. The First Information Statement was given by PW4 at 7.00 p.m before the Sub Inspector of Police Iritty Police Station, pursuant to which Crime No.373/2008 was registered. Investigation was conducted by the Circle Inspector of Police, Iritty. The officer who initially conducted investigation was later suspended and his successor continued the investigation. In the meantime, mother of the deceased filed WP(C) No.20767/2008 before this Court for a direction to hand over the investigation to CBI and the said petition came to be allowed. CBI took over investigation on 27/9/2008 and final report was filed before the Chief Judicial Magistrate Court, Ernakulam which was committed to the Court of Sessions and made over to the IIIrd Additional Sessions Judge for trial.

13. Linear contused abrasion 7 cm transverse over left of back of trunk 9 cm outer to midline and 29 cm below top of shoulder.
14. Abrasion 0.5x0.5 cm over outer malleolus of right ankle. Injury No.10. of inquest was PMS (Post Mortem Staining)."

He opined that death was due to the stab injury to abdomen involving stomach and liver. It is also stated that some of the injuries could be caused by MO4 to MO6.

7. The only other question that remains to be considered is regarding the assailants. As already mentioned, FIS was given at 7.00 p.m. on 23/6/2008 by PW4. He is also an NDF worker. So was Sainudheen. Sainudheen used to take classes in the meetings arranged by NDF and Campus Front. He refers to an incident in June, 2008 wherein there was a conflict between CPI(M) and a local leader of Students Federation of India (SFI). That apart, there was a conflict between activists of SFI and Campus Front on 20/6/2008. The Campus Front members took shelter in Salala Chicken Centre. Though the SFI and DYFI activists had asked them to send the students out from their chicken centre, they refused to do so. There was an attempt to trespass into the chicken centre, but he warded them off with a knife, and they were threatened.

15. The trial Court in fact placed reliance on the evidence of PW4, PW5, PW12, PW15 and PW24 to convict accused 1 to 5 and

9. Therefore, primarily it has to be considered whether the evidence rendered by these witnesses can be reckoned as sufficient proof to convict the appellants in the case for which a detailed examination of their deposition is required.

16. PW4 has given FIS. The incident occurred at 1.30 p.m. on 23/6/2008 and FIS was seen recorded at 7.00 p.m on the same day based on the statement of PW4. Ext.P1 is the FI statement and Ext.P1(a) is the FIR. In the FI statement, it is recorded that, on 23/6/2008, by about 11.30 noon, PW4 got information that his friend Rayees who was working in Salala Chicken Centre was assaulted by CPI(M) followers. Therefore, he along with his friend Sainudheen proceeded to Kakkayangad to enquire about the same. Rayees was injured and he sent Rayees in an autorickshaw for necessary treatment. At that time, Muhammed, (PW24) the owner of chicken centre came there. Sainudheen was asked to remain in the chicken centre and PW4 along with PW24 proceeded to the nearby hotel. After having food, while they were coming back by around 1.30 p.m, they saw some persons restraining Sainudheen on the road in the front of chicken centre. Immediately, Sainudheen wriggled out of their clutches and ran. About 5 to 8 persons with sword, knife and other weapons ran behind Sainudheen. Sainudheen ran into Lexi Complex. The assailants also followed. PW4 and PW24 also followed them. PW4 climbed the steps and he saw a few persons holding Sainudheen in the platform of the first floor. At that time, Nijil (A1) inflicted a stab on the left abdomen of Sainudheen with a knife. Biju and Riyaz who were also with them attacked Sainudheen with the swords available with them. Sainudheen cried aloud and at that time, the assailants came down to the road, entered into a blue Omni van bearing Regn.No.KL-58 A 5832 and proceeded towards Iritty. He saw Sainudheen becoming unconscious and was unable to speak. Immediately PW4 along with PW24 brought Sainudheen down. By the time several people gathered there. Somebody bought a jeep. Sainudheen was taken in the same by K.V.Kunju Mayin and some others to Iritty Amala Hospital. PW4 and PW24 followed them in an autorickshaw. They heard that Sainudheen was taken to Thalasserry, by Razak and a few others. They got information that Sainudheen was declared dead when they reached the hospital. According to him, the assailants were Nijil (A1), Biju (A2), Riyaz (A3), Vineesh (A4), Mohanan (A6), Manoharan (A7) and Nazar (A8). There was also another person whom he could identity. He also stated that they were holding knives and swords. It was further stated that few days before the above incident, the Campus Front had distributed certain leaflets and there was a confrontation with CPI(M) workers. It might be on account of the political enmity CPI(M) had with NDF workers that Sainudheen was attacked.

24. PW24 is another eyewitness. He deposed that at 11.30 am, Rayees was assaulted pursuant to which Rayees was taken to the hospital by PW4. Sainudheen remained in the shop. He remained there till 12.00 noon and thereafter he proceeded to Peravoor. He came back by 1.00 p.m. After some time, P.V.Muhammed (PW4) also came. PW4 came by about 1.05 p.m. The things that were kept outside were rearranged and he along with PW4 proceeded to the hotel for having lunch. Sainudheen said that he does not want to have lunch and wants to go to the mosque for prayers. On the way, the CPI(M) party office is there and he saw some of the accused assembled there. He thought that they were planning something. After food, they got out. When they were about to reach his shop, they saw a crowd in front of the shop and Sainudheen was cornered. Sainudheen ran away from the group and went inside Lexi Complex. Except accused 9 to 11, all others followed Sainudheen. He along with PW4 also ran behind them. He could not run fast as he was in a shock. Sainudheen ran towards the first floor of Lexi Complex followed by accused 1 to 5. Accused 6, 7 and 8 were standing down. He stood on the right side of Lexi Complex. PW4 was standing down the staircase looking towards the first floor. From the first floor, they heard the sound. Four of the assailants were having weapons. Thereafter what they saw is that they were coming back. Nijil (A1) was having a knife and three others were having swords. Sumesh (A5) was not carrying any weapon. Immediately they got into the Omni van. They were uttering that if there are any NDF workers, their plight will also be the same. The van was parked on the other side. It was a blue van. Basheer (A9) kept the door opened. Driver was sitting in the driver seat. Basheer was asking them to enter the vehicle soon. They got into the vehicle and proceeded towards Iritty. He also identified the weapons MO4 to MO6. After they got into the vehicle, he went towards PW4. They climbed 3-4 steps and they saw Sainudheen coming with injuries. They caught hold of Sainudheen. He was asked to sit in the step of the mosque. They gave him some water and went in search of a vehicle. At that time, there were no other vehicles. They could not get a taxi and by the time they have come, he was taken to the hospital in a vehicle. They also proceeded to Amala Hospital and he along with PW4 proceeded in his bike to Amala hospital and when they reached the hospital, they were told that Sainudheen was taken to Thalasserry. Attempt of the defence was to indicate that he was also an active member of NDF and that he was a suspect in the case in which Dileepan was murdered. He deposed that he did not apparently see the incident by which the accused had inflicted injuries on Sainudheen. He was standing outside Lexi Complex until the accused got into the vehicle and fled from the scene. Several contradictions in his evidence had been marked.