NADODI JAYARAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Trade union rivalry and fight for leadership, power and influence in the trade union, claimed the life of Prathab Chandran on 15th of June 1972 at the Simpson Plant, Sembium. For the said murder of Prathab Chandran, Ex-Vice-President of the Peravai Workers' Union, seven accused were arrayed on seven charges and tried by the learned Sessions Judge, Madras Division who vide judgment dated 29th March 1975 acquitted all the accused of the charge of criminal conspiracy under S. 120B read with S. 302, IPC. All the accused other than accused No. 2 and accused No. 3 (hereinafter referred to as A-2 and A-3) were acquitted of the other charges framed against them and conviction was recorded against A2 and A-3 under S. 302 read with S. 34, IPC and each one of them was sentenced to suffer rigorous imprisonment for life. A-2 and A-3, namely, Nadodi Jayaraman (A-2) and Dilli Bai (A-3) filed an appeal against their conviction and sentence in the High Court of Madras. A Division Bench of that Court, vide judgment dated 15th September 1976, dismissed their appeal, thereby upholding their conviction and sentence. Both A-2 and A-3 preferred special leave petitions (Crl.) in this Court and on 1st February 1978, special leave was granted. Hence these appeals.

(2.) Before proceeding, further, it would be relevant to note that both the appellants, A-2 and A-3, along with five acquitted co-accused, A-1, A-4, A-5, A-6 and A-7, had been charged firstly, for criminal conspiracy to cause the murder of Prathab Chandran, punishable under S. 120B read with S. 302, IPC and secondly, for the murder of Prathab Chandran, in furtherance of common intention to kill him punishable under S. 302, read with S. 34, IPC. A-1 was charged with abatement of murder, punishable under S. 302 read with S. 109, IPC; A-4 was charged for voluntarily causing hurt to PW-19 Munuswami, punishable under S. 320 IPC, A-2, A-3 and A-6 were charged for voluntarily causing hurt to PW-21, Gopalakrishnan, in furtherance of their common intention, punishable under S. 324 read with S. 34,IPC; A-5 and A-6 were charged for voluntarily causing hurt to PW-23, Gajendra Babu in furtherance of their common intention punishable under S. 324 read with S. 34, IPC, and A-6 was charged for voluntarily causing damage to the motor-cycle of Prathab Chandran deceased, punishable under S. 435, IPC. Except for recording the conviction of A-2 and A-3 for an offence under S. 302 -read with S. 34, IPC, all other charges against the accused including A-2 and A-3 failed and since there has been no appeal against the acquittal of the co-accused of A-2 and A-3 or against A-2 and A-3 in respect of their acquittal for the other offences, we need not detain ourselves to reproduce the findings of the courts below in respect of various charges which had been framed against all the accused persons.

(3.) The case of the prosecution is that Simpson Group of Companies had nine factories at the relevant time. There was a labour union known as Simpson Companies Workers' Union and one Kattur Gopal was its President. Prathab Chandran deceased, an inspector working in Plant III, was one of its Vice-Presidents. This Union was attached to what is called the "D.M.K. Peravai". The deceased was one of the prime promoters of the said Peravai, Kuchelar A-1 was elected as the President and Nadodi Jayaraman A-2 (one of the appellants herein) was elected the. Vice-President of the Simpson Group of Companies Workers' and Staff Union. The elections had taken place by secret ballot on 27-4-1972. Madhavan A-5 and Sailam A-4 had been elected as Assistant Secretary and Executive Committee Member of the Union respectively. Amuldoss alias Devadoss, A-6, and Devarajan, A-7, were elected as group leaders. Kuchelar A-1, considered Prathab Chandran deceased as posing a serious threat to the power a and influence, hitherto exercised by him in the Labour Union Movement. This rivalry between A-1 group and Prathab Chandran group in the trade union leadership, resulted in the occurrence on 15-6-1972, when Prathab Chandran was murdered.