HAMLET SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) These criminal appeals are filed by the convicted accused persons against the judgment of the High Court of Kerala at Ernakulam dated 7th November, 2001 whereby the High Court confirmed the sentence imposed on these appellants by the trial Court under Sections 302 and 324 read with Section 149, IPC. Since particulars of the punishment imposed on other accused is not relevant for the purpose of considering these appeals, we will not advert to it unless necessary in any particular context. The appellants before us are A-1 to A-3 before the trial Court.

(2.) The prosecution case is that Yugine alias Sajiv and others, some of whom were prosecution witnesses in this case, were active followers of the Indian National Congress Party. The accused were stated to be followers of Communist Party of India (Marxist). It is stated that at about 3 p.m. on 1-10-1991, 44 accused entered into a criminal conspiracy to commit the murder of Yugine (deceased), Jose (PW-2) and others as also to commit dacoity and mischief in the houses of the followers of Congress-I. In pursuance of that common object, at about 4 p.m. on 1-10-1991 the accused formed themselves into members of an unlawful assembly, armed with deadly weapons. It is alleged that they chased deceased Yugine and PW-2 who were returning from the shop of PW-15 situated at Anjuthengu on a public road. In that process at a place near Manjamoodu junction A-1 to A-4, A-24 and five others wrongfully confined the deceased and PW-2 from proceeding in any direction. The prosecution further alleges that the 1st accused caught hold of Yugine by his waist, lifted him up and threw him on the ground. Thereafter, he kicked the deceased on the stomach and A-2 and another accused beat the deceased with iron bar, while A-3, A-4 and two others beat the deceased and PW-2 with Oars. The prosecution alleges that PW-1, brother of the deceased, came running to the place of occurrence and he was also beaten up by the accused. Subsequently, A-5 to A-7, A-9 and A-10 to A-23 and other accused joined in attacking the deceased and PW-2. The further case of the prosecution is that A-6, A-7 and four other persons attacked PW-4 and inflicted injuries on him with an intention to kill him. The prosecution also alleges that the accused persons trespassed into the houses of certain prosecution witnesses and committed robbery.

(3.) After the said attack the deceased, PW-2 and PW-4 were taken to the Taluka Head Quarters Hospital and from there to Medical College Hospital, Trivandrum. While undergoing treatment, Yugine succumbed to the injuries at 11.20 p.m. on 1-10-1991. In the meanwhile, PW-1 at about 4 p.m. had lodged a complaint Ext. P-1 in the Police Station which was registered for offences punishable under Sections 143, 147, 148, 120-B, 450, 451, 452, 342, 359, 397, 427, 323, 324 and 307, IPC. After investigation a final report was filed by the police against 44 persons when offence under Section 302 read with Section 149 was included. Out of these 44 accused, A-25, A-26 and A-37 died and out of the other accused persons mentioned in the final report only 24 persons were tried by the trial Court, therefore, those persons against whom the trial could not proceed were treated as "other accused persons".