KANNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) VILLUPURAM in Tamil Nadu was the scene of an occurrence which culminated in the killing of 9 Harijans and shocked the conscience of the country. In connection with this occurrence which took place ten years back on 25/07/1978, 36 non Harijans were prosecuted. Five of them namely A-6, A-8, A-16, A-31 and A-35 were acquitted by the learned Sessions Judge. The remaining 31 were convicted for various offences under section 302 read with section 34, and/ or section 302 read with section 149, section 302 simpliciter and other sections of Indian Penal Code. Accused No. 1, Accused No. 11 and Accused No. 19 were sentenced to death by the learned Sessions Judge. The remaining accused were sentenced to undergo imprisonment for life. The convicts appealed to the High Court. There was also a reference for the confirmation of the death sentence in regard to A- 1 A- 11 and A- 19. The High Court disposed of both these matters by an exhaustive and well considered judgment giving rise to the present appeal.

(2.) THE High Court confirmed the death sentence imposed on A-1, A-11 and A-19. THE High Court confirmed the sentence of imprisonment for life imposed on 16 of the convicts. THE High Court acquitted 13 of the convicts who had been convicted by the trial court. In this appeal we are mainly concerned with the death sentence imposed on A-1, A11 and A- 19 and the sentence of imprisonment for life imposed on the other accused who have appealed.

(3.) THE version of the defence is that the accused have been falsely implicated, since all of them were residents of Maruthur village within the Municipal limits of Villupuram and as the dead bodies were found at Maruthur village and nearabout the said locality. According to them as the dead bodies of the 9 victims who had been done to death were thrown by some unknown assailants who had killed them near the lane the police had implicated them on account of suspicion by reason of the fact that the dead bodies were found near Maruthur village. THE trial court has accepted the evidence of 3 injured witnesses namely P.W. 30, P.W. 31 and Prosecution witness 32 and several other witnesses including the evidence of PW l, PW 2, PW 3 and PW 4 who have turned approvers. THEy were arrested on 13/11/1978 and made confessional statements on 24/11/1978. THEy have been granted pardon by the trial court. Relying on the testimony of the approvers, three injured eye witnesses, and other witnesses who have supported the prosecution version the trial court has convicted the appellants and sentenced them in the manner indicated earlier. THE High Court on a close and careful scrutiny of the entire evidence has confirmed the death sentence imposed on A-1, A-11 and A-19. THE High Court has also confirmed the sentence of imprisonment for life imposed on A-2, A-5, A-7, A-9, A-10, A-13, A-14, A-15, A-20, A-21, A-22, A-23, A-24, A-28, A-29 and A-30. We are now concerned with the conviction of the aforesaid accused and the question as regards the propriety of the death sentence imposed on A-1, A-1 1 and A- 19. We, have been taken through the relevant parts of the judgment of the trial Court and the, High Court. We have also been taken through the evidence of the concerned witnesses. On an analysis of the evidence we consider it' appropriate to set out in a tabular form the evidence which connects each of the accused persons and the evidence of the witnesses which connects the particular accused in the context of the injuries inflicted on the victims and the connected weapons used in the assault.