In 2006, the appellant and ten other accused persons had allegedly formed an unlawful assembly equipped with deadly weapons to murder a man and injure another. An eyewitness had registered a complaint against the accused.
In 2008, the trial court convicted the accused under Sections 302 (murder), 307 (Attempt to murder), 143 (unlawful assembly), 147 (rioting), 148 (rioting with deadly weapon), 324 (hurt by dangerous weapons), 326 (grievous hurt by dangerous weapons), 427 (mischief) and 449 (house-trespass) read with Section 149 of the Indian Penal Code, 1860 (IPC) and Section 27 of the Arms Act, 1958 and Sections 3 and 4 of the Explosive Substances Act, 1908. They were sentenced to life imprisonment.
The Kerala High Court later reduced the appellant’s sentence of life imprisonment under Section 307 IPC read with Section 149 IPC. However, it upheld his sentence of life imprisonment under Section 302 IPC.
Aggrieved by this decision, he moved the apex court.
Source: Barandbench
