SAMBASIVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this statutory appeal under Section 379, Cr.P.C. accused 1 to 3 in Sessions Case No. 154 of 1984 on the file of the 1st Additional Sessions Judge, Trivandrum, are the appellants. They assail the validity of the judgment of June 8, 1989 passed by a Division Bench of Kerala High Court in Criminal Appeal No. 87 of 1986 setting aside their acquittal by the trial Court and convicting and sentencing them as follows:under Section 302 read with Section 34, I.P.C. imprisonment for life; under Section 307 read with Section 34, I.P.C. rigorous imprisonment for seven years and Section 3 of the Explosive Substances Act, 1908 - imprisonment for five years. All the sentences were directed to run concurrently.

(2.) In this case Trade Union rivalry between INTUC and CITU on the one hand and BMS on the other culminated into the atrocious incident of April 21, 1983 in which one Thanukuttan @ Nanukuttan died and three persons PW1, PW2 and PW4, suffered injuries. In respect of this incident the police filed charge-sheet against the appellants and twenty other persons of whom A-13 died and the remaining were tried on the following facts for offences under Sections 120B, 143, 147, 148, 149, 324, 307, 302 and 109 of the I.P.C. and Section 3 of the Explosive Substances Act, 1908. The headload-workers employed in the Industrial Estate of Pappanamcode are members of either INTUC or CITU (hereinafter referred to as 'the complainant group') whereas 'the accused group' belongs to BMS union. The members of 'the complainant group' were preventing the members of 'the accused group' from working in the Industrial Estate. For this reason accused 1 to 20 of the accused group hatched a conspiracy to murder the headload-workers of the complainant group pursuant to which A-23 had agreed to supply the country made bombs on April 20, 1983. On the morning of April 21, 1983, accused A-21 and A-22 took the bombs to a bylane at Vettukuzhi near the Pappanamcode Industrial Estate and gave them to A-1 at 10.15 a.m. Thereafter with common object of causing voluntary hurt and causing death of the members of the complainant group, A-1 to A-20 formed themselves into an unlawful assembly at 10.45 a.m., among them A-1 to A-3 were carrying bombs, A-4, A-5, A-10 to A-15 were carrying bricks and A-6 to A-9 and A-16 to A-20 were holding sticks. They proceeded to the said Industrial Estate where PWs. 1 to 5 and 7 among others were relaxing on the platform in front of General Metals as there was no work on that date. While one of them was reading magazine 'Kumari' weekly, the others were hearing and Nanukuttan was sleeping. After reaching there A-1 threw bomb at PW-1 who suffered injuries on hands and thighs; A-2 threw bomb at Nanukuttan who was severely injured and A-3 also threw bomb which fell in front of PW-2. A-4 and A-5 threw a brick at PW-2, A-6 to A-9, A-19 and A-20 attempted to beat PWs. 3, 4 and 5. A-6 and A-19 beat PW-3 with sticks. A-10 to A-15 threw bricks at PW 1 and others whereas A-16 to A-18 attempted to beat PW-1 and others. Nanukuttan and P.W. 1 were taken to the Medical College Hospital, Trivandrum where Nanukuttan was declared dead at about 11.15 a.m. In the Medical College Hospital PW-1, PWs. 2 and 4 were given treatment. PW-14, the doctor, examined PWs. 1, 2 and 4 and issued wound certificates Exts. P-3, P-4 and P-5 respectively, PW-19, another doctor, conducted the post-mortem examination of Nanukuttan, the deceased, and issued post-mortem certificate Ext. P-9.

(3.) To prove its case the prosecution examined PWs. 1 to 22, marked Exts. p-1 to P-17 and got M.O.S. 1 to 7 identified. The accused marked Exts. D-1 to D-11 and XI. The accused denied the charges and claimed to be tried.