SADASIVAN MOHANACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The two appellants herein (original accused Nos. I and 4) were tried along with 19 others for offences punishable under Ss. 143, 149, 302, 342, 201, 218, 119 and 114, I. P. C. The trial Court acquitted the 19 others and convicted the two appellants under S. 304, Part II, I. P.C. and sentenced each of them to undergo R.I. for five years. They were acquitted of all the other charges. They preferred an appeal. The State also preferred an appeal against the acquittal of three of the other accused. The High Court dismissed both the appeals. Hence the present appeal.

(2.) The prosecution case is that at the relevant time accused Nos. 1 to 3, 7 to 9 and 11 to 21 were police constables attached to the Fort Police Station, Trivendrum. A-10 was a Sub-Inspector attached to that Station and A-4 was a police constable in the Central Crime Station, Trivendrum. A-6 was a constable attached to Armed Reserve Camp. On 18-12-1980 at about 2 p.m. A-6 went to the shop of Rajappan Nair, C.W. 8 to purchase plantains. A Wordy quarrel took place between A-6 and Rajappan Nair over the manner in which the price of the fruits was paid. Hearing the quarrel, Bhuvanendran, the deceased in the case, came to the scene and dragged A-6 by his collar out of the premises. A-6 left the place threateningly. He went to the Fort Police Station and complained of the incident to A-5, the Head Constable. A-5 deputed accused Nos. 1, 7, 8 and 9 to bring the culprit to the Police Station. They accordingly brought the deceased as the offender and also P.Ws. 5 and 6 as the persons present at the scene at about 2.30 p.m. On reaching the Police Station, A-1 and A-2 slapped Bhuvanendran, the deceased and A-1 hit the deceased on his flanks with his hand. Then A-I dashed his head against the wall 3 or 4 times causing injuries on the right side of the head. A-3 then hit the deceased on his back just below the neck with his bent elbow. A-1 made the deceased fall down by kicking him on his legs. Then A-4 kicked the deceased on his back 3 or 4 times. A-1 also kicked the deceased on his back. When the deceased attempted to rise up, A-1 pushed him and again kicked him on his chest. As a result of the injuries inflicted, the victim's condition became very serious. Dr. K. M. K. Nair, P. W. 12 was summoned to the Police Station and he found the victim unconscious and his pulse very weak. The deceased was removed to the hospital at about 5 p.m. and he was examined by P. W. 1, Dr. K. Sudhakaran there but the deceased died at about 6 p.m. The inquest was held and the dead body was sent for post-mortem. P. W. 19, who conducted the post-mortem, found contusions all over the body of the deceased and on internal examination he found that pancreas, liver and duodenum were bruised. The Doctor opined that the death was the result of blunt injuries to the heart, lungs and brain of the deceased. An intimation was sent to the police and a case was registered and P. W. 31, the Detective Inspector took up the investigation and completed the same and laid the chargesheet. The prosecution examined P. Ws. 1 to 31 and the accused when questioned totally denied the offence.

(3.) The learned trial Judge relying upon the evidence of P. Ws. 5 and 6 held that the prosecution has proved its case only against A-1 and A-4 beyond all reasonable doubt and having regard to the nature of the attack, convicted them under S. 304, Part II, I.P.C. and acquitted others as they were not identified by P. W.5.