Biveesh vs State Of Kerala

FACTS:

The prosecution case is that, On 3rd January 2002, at around 7:50 PM pursuant to a
communal conflict between Hindus and Muslims, the accused who belong to Hindu
community formed themselves into an unlawful assembly along with 4 unidentified persons
at Marad beach and pursuant to the common object of committing murder of a Muslim by
name Imran, committed riot and armed with deadly weapons such as sword, iron pipes, iron
rod et cetera which leads to the serious inflicting injuries to the victim. He was taken to
medical College hospital, but he succumbed to the injuries on the very same night.
The fact that Imran was attacked and murdered by a group of persons using weapons like
sword, iron rod, knife etc., is not in dispute as the injury sustained to Imran itself proves the
said fact. At the time of examining the victim, he had suffered several wounds and he was
in a critical stage. The cause of injuries was noted as "alleged assault near Marad Beach
on 3/1/2002 at 8.30 p.m." The only question to be considered in the appeal filed by the
accused is whether their involvement in the crime has been proved beyond all reasonable
doubt or not.