BAVA HAJEE HAMSA Vs. STATE OF KERALA

JUDGEMENT

(1.) These Criminal appeals arise out of the same Judgment of the High Court of Kerala and will be disposed of by a single Judgment.

(2.) The four appellants, Hussanali Alikunju alias Ali, Hassanali, Adbu, Bava Hajee Mohamedali alias Mammu and Bava Hajee Hamsa (hereinafter referred to as A-1, A-2, A-3 and A-4 respectively) and 7 others were tried on various charges under Ss. 143, 148, 302, 307, 326, 324 read with S. 149, Penal Code for causing the death of Kochunni and Kunjeen and injuries to others in an incident on March 14, 1969 in village Veliyathunad.

(3.) There are two factions of Muslims in village Veliyathunad, one of the descendants of Nadiattil and Allapat families and the other of the lower middle class. Appellants and other co-accused belong to the former faction, the prosecution witnesses and faction, the prosecution witnesses and the deceased to the latter. These factions had their own kalaries (gymnasiums wherein youngsters were given training in physical culture). A-2 was the Ustad (Master) of the Kalari of the accused, while the kalari of the prosecution faction was run by the brother of P. W. 1 in the latter's compound. Rivalries existed between the two factions. On March 13, 1969, Abdu (P. W. 12) and Ali son of Kunjeen deceased, both belonging to P. W. 1's kalari, were resting in a tea shop after attending a marriage festival. Abdul Rahim (alias) Rahiman (P. W. 13) of the kalari of the accused invited them for a game of Adi Pidi (a sort of kabadi or playful fight). Finding Ali and Abdu unwilling to play, Rahiman bullied, taunted and harassed them in various ways. When all these taunts had no effect, he brought a bamboo and poked them with it. Abdu and Ali remained intransigent. After a while, they went to their kalari and reported about this incident to their Ustad, (Kasu). The latter advised them that they should not meekly submit to such harassment, and that if they were attacked again by anybody, they should retaliate adequately. Reassured by the Ustad's advice, they returned from the kalari. Rahiman again armed with a stick and dagger confronted them. This time they commanded Rahiman in a confident tone to drop the stick and the dagger. Rahiman immediately obeyed. Abdu and Ali picked up the weapons and gave a beating to Rahiman. At the moment, Rahiman's brother, Seethi, came there and took away the former saying that the matter could be settled on the following day. Seethi then reported the matter to the faction of the accused. On the following morning, Abdu and Ali were called to the house of A-2, where they were scolded, insulted and humiliated and then directed to meet A-5 (Hassanali Hamsa) presumably to receive further chastisement; but on the advice of Kunjeen deceased, they did not do so.