N G SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) N. G. Sreedharan and V. K. Sudhan, the two appellants herein, (hereinafter referred to as A-1 and A-2 respectively) along with four others were placed on trial before the Sessions Judge, Trichur to answer charges under S. 143, 147, 148, 341 and 302/149 (two counts) Indian Penal Code. The trial ended in an acquittal of all of them; and aggrieved thereby the respondent-State preferred an appeal. In disposing of the appeal the High Court reversed the acquittal of A-1 and A-2 and convicted and sentenced them under S. 302/34 Indian Penal Code, while upholding the acquittal of others. Hence this statutory appeal at their instance. Shorn of details, the case for the prosecution is as under:

(2.) The headload workers of Trichur taluk, which includes Village Adattu, owe allegiance to different trade unions. While Vincent and his brother Davis (the two deceased) belonged to one of those unions the accused belonged to a rival one. On 9/12/1979 a dispute between the members of those two unions over unloading of a lorry at Puranattukara centre in the above village took such a violent turn that it had to return without unloading the materials. To seek advice of his leaders in the matter Vincent, who was the treasurer of their union, went to their headquarters at Mundor on the following day, that is on 10/12/1979, accompanied by Ashokan (Public Witness 1. In the evening they returned by bus and alighted at the Puranattukara centre at or about 7.30 p. m. A-1, who was present there, called Vincent aside under the pretext of discussing the issue. He was then surrounded by some members of A-l's union and wrongfully restrained. In course of the altercation that followed A-1 shouted that Vincent was the trouble-maker and he should be done away with. Then A-l and another caught hold of Vincent. In an attempt to save himself Vincent brandished a knife which he had with him and managed to escape. The accused persons however chased him and ultimately succeeded in apprehending him at the gate of Pambungal Ramakrishnan. There A-1 stabbed him with a knife and A-2 beat him with an arecanut split on various parts of his body. Finding his younger brother a helpless victim of such attacks, Davis, who was nearby, rushed to his rescue but A-1 stabbed him also. Both the brothers died soon after.

(3.) On that very night Ashokan (Public Witness 1 lodged an information about the incident with the police and on that information a case was registered for the above two murders. Shri Muthalali (Public Witness 13, Circle Inspector of Crime took charge of investigation and after holding inquest upon the dead bodies of Vincent and Davis, sent them for post-mortem examination. He seized somebloodstained earth, a bloodstained knife and an arecanut split from the place of occurrence and sent them for chemical examination. After receipt of the reports of post-mortem and chemical examination and completion of investigation he submitted charge-sheet.