CHELLAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal from the judgment of the High Court of Kerala setting aside an order of acquittal passed by the learned Sessions Judge, Kottayam, and convicting the appellants under S. 302 read with Section 149 of the Penal Code. The High Court has sentenced each of the eight appellants to imprisonment for life.

(2.) The incident out of which the prosecution arises happened at about 9 p.m. on December 25, 1969 in Baison Valley of Rajakkadu Village. It is alleged that the appellants formed themselves into an unlawful assembly on the road in front of the ration shop of appellant No. 1 and in prosecution of the common object of the assembly they committed the murder of one Kunjikunju. Kunjukunju received 19 injuries and died on the spot. The First Information Report about the incident was lodged next afternoon by P.W. 1 at the Udumbanchola police station, which is at a distance of about 35 miles from the scene of occurrence.

(3.) Relying on the decision of this Court in Ram Jag v. State of U.P. AIR 1974 SC 606 learned counsel for the appellants contends that the High Court was in error in disregarding the cogent reasons given by the trial court in support of the order of acquittal. Even assuming that two views of the evidence are reasonably possible the High Court it is urged, ought not to have substituted its own view for that of the trial court.