GOPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal on special leave is directed against the Judgment and Order of the High Court of Judicature at Madras dated 4-8-1972 in Criminal Appeal No. 23 of 1971 whereby the appeal was dismissed and the conviction and sentences passed by the Court of Session, East Thanjavur Division at Nagapattinam against the accused Nos. 1, 2, 12, 13, 17, 18, 19 and 20 were confirmed.

(2.) The prosecution case is as follows: All the accused appellants are residents of various villages within Keevalur Police Station. The first accused is the leader of the Left Communist Party and also of the Harijan Kisans of five neighbouring villages. Accused Nos. 17 and 18 are the leaders 'of the Left Communist Party at Keezha Venmani village. There were serious differences between the Mirasdars and the Harijan labourers regarding the fixation of wages for harvest. These troubles started in 1967 and the Kisans have been agitating for higher wages by taking processions and convening meetings. There was a settlement in 1967 whereby the Mannargudi agreement was made between the parties providing for additional half measure of paddy to the Harijan labourers. This settlement was enforced from January 1968, but in November 1968 the Harijan labourers demanded uniformwages of six measures of paddy per kalam of paddy harvested and in case this six measures of paddy was not paid, the labourers trespassed into the lands and illeglly harvested paddy crops. This created the trouble as the local Harijan labourers refused to work at a low wage and demanded higher wages. There was the Paddy Producers Association having its offices in several villages,. P.W. 1 Gopal Krishna Naidu was the President of Paddy producers Association of Nagai Taluk and P.W. 19 Ramu Pillai was the President of the Association at Irukkai and the deceased Packiriswami Pillai was a member of the Association. The Mirasdars used to bring labourers from outside for harvest of paddy from their fields as local labourers werereluctant to harvest paddy at the wage 4 1/2 measures of paddy. The local labourers were very much aggrieved by this bringing of men from outside for harvesting of paddy.

(3.) On 25th December, 1968 Packiriswami Pillai, since deceased, along with other labourers of Irakkai came to harvest the paddy crops from the fields of the Mirasdar P.W. 15 at about 9.00 a.m. It appears that- on apprehending trouble P.W. 15 sent Exhibit P. 9 to the Inspector at Keevalur Police Station and Exhibit P. 8 to the Valivalam Police Station requesting for sending some Police men so that harvesting of crops might be done peacefully. The harvesting of crops was over by 5.30 p.m. and each of the labourers was fed with SambarSatham. Each of them was paid 4 1/2 measures of paddy per kalam.. P.Ws. 25, 26 and one Rangayyan left immediately as they wanted to go to Thevur for seeing a picture. The seventeen Irukkai people started for home sometime thereafter. The Irukkai labourers reached the east-west Harijan Street at about 7.30 p.m. P.Ws. 42 and 43 purchased betels in the shop of P.W. 30, Subramaniam, of the main road. There was moon light and electric light. There were bamboo clusters in the form of a hood on either side of the eastwest Harijan Street near the second electric lamp post from the west. At the east west Harijan Street, P.Ws. 31, 32, 34 to 44 saw a crowd of 10 to 15 persons standing. In that crowd P.Ws. 31, 32, 34 to 37 saw accused Nos. 1 and 2 armed with aruvals. The crowd questioned them as to which place they belonged to, whereon they replied that they belonged to Irukkai. Immediately, A-1 Gopal cried out, "Do not leave Irukkai people, cut them, beat them." A crowd of about 50 persons being armed with aruvals, sticks etc. came running towards the Irukkai people. P.Ws. 31, 32,34 to 37 while running found Packiriswami Pillai tripping and falling down near the electric lamp post on the Harijan Street. Accused Nos. 1 and 2 and some others in the crowd also lifted him by hands, legs and clothes. Then he was carried to some distance towards the east. At that time Packiriswami Pillai cried out that he was being cut by Gopal (A-1) and they were leaving him behind and running. P.Ws. 31, 32 and 34 to 37 saw the first accused cutting Packiriswami Pillai with aruval on his neck and on his head. P.Ws. 31, 32, 34, 35, 36 and 37 ran towards the Caste Hindu Street and ultimately entered into the house of P.W. 47. Another crowd of 50-60 persons armed with aruvals and sticks came from the south and they caused injuries on the persons of P.Ws. 54 and 55 who came out of their house. On the same day at about 8.00 p.m. P.W. 79, Inspector of Police, Keevalur Police Station on getting information that some persons armed with lethal weapons were parading on the main road beyond Thevur and towards south, after requisitioning a vehicle (van) from Nagapattinam Police Station sent P.W. 72, the Head Constable with the van for road patrolling between Thevur and Killukudi. P.W. 72 with some S.A.P. men went to Keezha Vanmani and after collecting the injured persons from the house of P.W. 47 as well as collecting the injured P.Ws. 54 and 55 in the van came to the Keevalur Police Station, where P.W. 79 (Inspector of Police) recorded the statement of P.W. 54 who was lying seriously injured in the van and registered the same as Crime No. 326 of 1968 of Keevalur Police Station. He thereafter recorded the statements of P.W. 55 in the van and recorded the statements of other P.Ws. 34 to 37 in the Police Station. Thereafter P.W. 79 at about 11.45 p.m. left for Keezha Venmani and reached at about 12.00 midnight, He met P.W. 31 there. P.W. 79 then went to Nadu Street along with P.W. 31 and found the dead body of Packiriswami Pillai kept leaning against a Coconut tree with multiple injuries. P.W. 79 recorded the statement of P.W. 31 and registered the same as Crime No. 328 of 1968.