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​ 3. The facts of the case, in brief, are as follows:

The accused are loyalists of the Communist Party of India (Marxist) [C.P.I.(M)], and Pramod and Prakashan, the deceased and injured in this case, were workers of the Bharatiya Janata Party [B.J.P.]. Due to political rivalry, on 15.08.2007 at 6.00 p.m., accused Nos. 1 to 3 hatched a criminal conspiracy in the house of accused No.3. In pursuance of the conspiracy, on 16.08.2007 at 7.00 a.m. accused Nos. 1 to 11 and other five identifiable assailants formed themselves into an unlawful assembly, armed with dangerous weapons, on a property where cashew trees were planted and in the prosecution of the common object of the said assembly, the accused attacked Pramod and Prakashan, while both of them were proceeding to Vannathimoola Bhagam from Muriyad by walking through a pathway situating close to the cashew tree plantation. Accused Nos. 1, 2, 3, and 11 raised exhortations to hack and kill Pramod and Prakashan. Meanwhile, the 4th accused hacked Pramod with a chopper while accused Nos. 5, 9, and 10 with choppers, and accused Nos. 6, 7, and ​ ​ ​ ​ 13​ ​ ​ 2025:KER:30106 ​ Crl. A. No.685, 722, 740, 775 & 790 of 2018 8 with swords repeatedly hacked Pramod and the other five identifiable assailants, struck Pramod's head, legs, and hands by using iron sticks and murdered him. Furthermore, the accused attempted to murder Prakashan by inflicting multiple hack and stab wounds to his head, hands, and legs with swords. Hence, the accused are alleged to have committed the offences punishable under Sections 120(B), 143, 147, 148, 341, 326, 307, 302 r/w 149 of Indian Penal Code.

16.​ Prakashan, who sustained serious injuries in the alleged incident was examined as PW2. According to PW2, during the period of occurrence in this case, he resided at a place called Ayodhya Nagar near Mooriyad and worked as a mason. On 16.08.2007, at 6.30 a.m., he left his house along with his brother (CW3, not examined) to go to work, as usual. When they reached the road in front of his house, Pramod, the deceased in this case, as well as Jinoy (PW4) and Ramesan (PW3), also arrived there to go to work. Usually, they go to Kuthuparamba for work through a route that passes through Mooriyad. However, about one and a half months back, a political clash occurred between BJP and CPM workers, resulting in escalating tension in the area. Furthermore, they faced threats from the CPM workers. The CPI(M) workers even conducted searches on buses passing through Mooriyad, armed with weapons. Scared of the CPI(M) workers he as well as his friends avoided traveling through Mooriyad to reach Kuthuparamba. Instead, they opted to go to Vannathimoola first, taking the Chullikkunnu road and from there they would proceed to Kuthuparamba by bus. On the alleged date of the incident, when he and others reached in front of the house of Valanki Vinod (PW5), they found PW5 standing there and after talking with him, ​ ​ ​ ​ 19​ ​ ​ 2025:KER:30106 ​ Crl. A. No.685, 722, 740, 775 & 790 of 2018 he proceeded further with others. Pramod, the deceased in this case was walking ahead of him. When they reached the road leading to Palaparamba, around 10 to 16 assailants approached them. Then accused Nos.1, 2, 3, and 11 uttered to hack and kill them. By that time, the accused repeatedly hacked Pramod. It was the 4th accused who hacked Pramod first. Following it, accused Nos.6, 7, and 8 hacked Pramod with swords, while accused Nos.5, 9, and 10 hacked Pramod with choppers. Five other identifiable assailants also hacked and beat Pramod using iron sticks as well as with other weapons. He was standing about 5 meters behind Pramod. He was unsure of what to do, so he raised the alarm and ran about 5 to 6 meters. But he stumbled and fell down. When he raised from the ground, someone hacked, aiming his head. Then he blocked the attack with his hands. Thereafter, those who hacked Pramod, hacked him also, incessantly. When he cried aloud, the accused fled from the spot to 'Valiyavelicham Bhagam'. Immediately thereafter, he contacted his wife over the phone and informed her that he had been assaulted and asked her to come urgently. He also contacted Shyju (PW7). Approximately five or six minutes after the incident Valanki Vinod (PW5), Murali, and two or three ladies approached him. Then he asked for some water, and one of them gave him water. After 20 minutes, a Tata sumo vehicle came and ​ ​ ​ ​ 20​ ​ ​ 2025:KER:30106 ​ Crl. A. No.685, 722, 740, 775 & 790 of 2018 he as well as Pramod were taken inside the said vehicle. Thereafter, he lost consciousness. It was on the next day while he was in the Medical College Hospital, Kozhikode he regained memory. The assailants belong to his locality. PW2 identified all the accused before the court with their names. According to PW2, both he and the deceased, Pramod were BJP workers, while the accused were CPI(M) workers. It was due to political rivalry the accused attacked him as well as Pramod. According to PW2, although he could identify the weapons used by the accused in the commission of the offence, he is unable to specify which accused used particular weapons. However, PW2 identified a 'Chopper' as the weapon used by the 4th accused. He also stated that the accused attacked him as well as Pramod with MO2 series swords and MO3 series Choppers.

17.​ Another occurrence witness, when examined as PW3, deposed that on 16.08.2007 at 6.30 a.m., he left his house to go for concrete work. When he reached Chulli Bhagam he met the deceased Pramod, Prakashan (PW2), Jinoy(PW4), and one Pradeepan. All of them walked together towards Vannathimoola, to catch a bus to go to work. Except Pramod he as well as the others were going to work at Kolassery and Pramod was going to work at Vellachal. While walking so, on the way he met Vinod (PW5) and his sister Nalini, and after exchanging a few ​ ​ ​ ​ 21​ ​ ​ 2025:KER:30106 ​ Crl. A. No.685, 722, 740, 775 & 790 of 2018 words, all of them proceeded further. Pramod was then walking ahead of all of them and Prakashan was walking behind him. He as well as Pradeepan and Jinoy were walking behind Prakashan. Thereafter, while all of them crossed the road near Ayisha Company, suddenly around 10 to 16 persons encircled Pramod, the deceased in this case, and Accused Nos.1, 2 3, and 11 uttered "വെട്ടെടാ...കുത്തെടാ...കൊല്ലെടാ...". Then the 4th accused hacked Pramod using a chopper and accused Nos.6, 7, and 8 hacked Pramod with swords, and accused Nos.5, 9, and 10 hacked Pramod with choppers incessantly. Thereafter, the accused turned towards Prakashan. When Prakashan attempted to take to his heels, he stumbled down. Then the accused attacked Prakashan with weapons. The accused Nos. 4, 5, 6, 7, 9, and 10 hacked PW2 with swords and choppers repeatedly. Seeing that the accused are approaching PW3 and others, he as well as his friends Jinoy and Pradeepan ran away from the spot through the cashew tree plantation belonging to Ayisha Company. After half an hour he returned back to Chulli Bhagam and learned that both Prakashan and Pramod had been taken to hospital. PW3 identified all the accused before the court with their names. PW3 identified MO1 as the chopper used by A4. PW3 also identified MO2 series swords as the weapons used by A6, A7, and A8. However, he admitted that he could not identify which specific ​ ​ ​ ​ 22​ ​ ​ 2025:KER:30106 ​ Crl. A. No.685, 722, 740, 775 & 790 of 2018 accused used each of the weapons in the MO3 series. According to PW3, his statement was recorded by the investigating officer after three days of the incident.

18.​ Another witness to the occurrence, when examined as PW4, deposed that the deceased and the injured in this case were his neighbours and residents of his locality. The incident in this case happened on 16.08.2007, while he was walking towards Vannathimoola bus stop to catch a bus to go for his job. He was accompanied by Prakashan(PW2), Pradeepan(CW3), Ramesh (PW3), and Pramod the deceased, who were also heading to work. On the way they met Vinod (PW5), who was residing on the side of the road, and after making a casual talk with him, all of them proceeded further. The deceased Pramod and injured Prakashan were walking ahead of the group. After passing Chullikkunnu Heights, when Pramod crossed 'Palaparamba Valiya Velicham' road, the accused Nos.1 to 11 approached Pramod by shouting "വെട്ടെടാ...കൊല്ലെടാ...". Thereafter, all the accused encircled Pramod and hacked Pramod with weapons. After hacking Pramod they rushed towards Prakashan (PW2) and hacked him down. Even after Prakashan fell down, the accused continued to hack at him. According to PW4 fearing that the accused would attack him and his friends, they ran towards Palapramba ​ ​ ​ ​ 23​ ​ ​ 2025:KER:30106 ​ Crl. A. No.685, 722, 740, 775 & 790 of 2018 Bhagam and he then rushed to his house. Thereafter when PW4 was about to inform the neighbours about the incident, his father said that all the injured had been taken to hospital. Moreover, his father said he heard somebody giving directions to inform the matter to police. Afraid of the accused, PW4 as well as others remained near his house. According to PW4, he is acquainted with all the accused in this case as they belong to his locality. Apart from the accused facing trial in this case, five other persons were also involved in this case. PW4 identified all the accused before the court. He also identified the weapons of the offence. According to PW4, the MO1 chopper was used by the 4th accused. When MO2 series weapons were shown to PW4, though he identified those weapons as the weapons used by the accused, he deposed that he could not specify who used each one. However, he admitted that it was accused Nos.6 to 8 who used the swords in the commission of the offence. According to PW4 accused Nos.5, 9, and 10 used choppers to hack the deceased and the injured. He also identified MO3 series weapons, as those used in the commission of the offence. According to PW4, it was due to political rivalry, that the accused unleashed violence and attacked Pramod and PW2. According to PW4, the deceased Pramod and the injured Prakashan are B.J.P./R.S.S. workers and the accused are C.P.I.(M) workers.