MOHANAN Vs. STATE

JUDGEMENT

(1.) These two appeals and the revision application are inter-linked. While the appeals have been filed by accused persons, who have been convicted, revision petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short 'the Code') by widow of the deceased who lost his life in the alleged occurrence. For the sake of convenience, accused persons are referred to as 'A-l, A-2 etc.' as they were arrayed as accused persons during trial.

(2.) Accused persons have been found guilty of offences punishable under Sections 143, 147, 148, 341, 324 and 302 of Indian Penal Code, 1860 (in short 'IPC') read with Section 149 thereof. A-2 and A-7 are respondents 1 and 2 in the revision application. Except A-2 and A-7, all other accused were sentenced to undergo imprisonment for life. They were separately sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 148 and simple imprisonment for one month for the offence punishable under Section 341. In view of the sentence imposed for offence punishable under Section 148, IPC, no separate sentence was awarded in respect of offences punishable under Sections 143 and 147, IPC. All the sentences were directed to run concurrently. A-2 (first respondent in the criminal revision) was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 148, simple imprisonment for one month for the offence punishable under Section 341 and rigorous imprisonment for three years for the offence punishable under Section 324, IPC. No separate sentence was awarded under Sections 143 and 147, IPC. So far as A-7 (second respondent in the criminal revision) is concerned, he has been sentenced to undergo rigorous imprisonment for two years for the offence punishable under Section 144, IPC. No separate sentence was awarded under Section 143, IPC. It was made clear that accused persons were entitled to get set off for the period undergone by them in judicial custody under Section 428 of the Code.

(3.) Prosecution version, as unfolded during trial, is as follows: Raghavan (hereinafter referred to as 'the deceased') was an active worker of Communist Party. Later, he severed his action with said party and joined Congress Party. All accused persons are workers of Communist Party. Due to certain political stand taken by the deceased, enmity developed in the minds of accused persons towards the deceased. There were several quarrels between them. Deceased openly gave out that he will see that accused persons are apprehended by police. Thereafter, enmity was aggrevated which ultimately transformed into an intention to do away with life of the deceased. On account of said common object an unlawful assembly was formed and on 16-3-1993 at about 6 p.m. accused persons, armed with deadly weapons like iron rods, cycle chains, wooden sticks, handles of spades etc. accosted the deceased. Mohanan A-2 wrongfully restrained the deceased on the north of Chavarunada at Mathiracode on the Panchayat Road leading to Chennancode and Manambur from Njakkadu High School Junction, Sreenarayanapuram desom, Ottoor village. He dealt a blow on the left hand of deceased with a cycle chain. On getting it, the deceased was wriggling in pain and cried aloud. Babu (P.W. 2) tried to intervene. At that time, Madhavan A-7 beat P.W. 2 on the backside of his head and on right hand with an iron rod and caused injuries. Deceased, with a view to escape from attack of accused persons, took out a knife from trucks of his dhothi and inflicted a stab injury on Mohanan A-2 just below his left breast and two stab injuries on Madhavan A-7 below his left arm-pit and below the chest. On getting said injuries, A-2 and A-7 took to heels by leaving weapons on the spot. Uthaman A-6 inflicted a blow on right hand of the deceased with an iron rod and on getting said blow, the knife in hands of the deceased fell down. He again inflicted two blows on right hand and right thigh of the deceased with the iron rod thereby causing injuries. Mohanan A-4, with a stick inflicted three blows on right knee, right arm-pit and right elbow of the deceased causing injuries. Babu A-8 with the iron rod inflicted a blow on right knee of the deceased. Devadas A-10 inflicted a blow on right shoulder of the deceased with an iron rod and caused injuries. Kumar A-12 inflicted two blows with an iron rod on right elbow of the deceased causing injuries. Raju A-1 took the iron rod left by Madhavan A-7 and inflicted three blows on left elbow and near left thumb and index finger of the deceased and caused injuries. Haridas A-9 inflicted a blow near the left ankle of the deceased with an iron rod and caused injuries. On getting these blows, deceased was forced to sit on the ground by bending forward. At that time, Haridas A-9 inflicted a blow below left knee of the deceased causing injuries. Raju A-1, while standing on the backside of the deceased, inflicted a forceful blow on his head with the iron rod and caused fracture and injury on the head. Blood started coining out from the injuries and the deceased fell on the ground, Kochumani A-3, with the handle of a spade, inflicted 4 to 5 blows on the leg, back and on two shoulders of the deceased and caused injuries. Kochupodiyan A-5 took out cycle chain left by Kochumani A-3 and inflicted two blows on the right knee and on the back of the neck on the deceased and caused injuries. Babu A-8 with an iron rod inflicted two blows on the left knee of the deceased and caused injuries. Haridas A-9 with an iron rod inflicted a blow on left thigh of the deceased and caused injuries. Devadas A-10 with an iron rod inflicted two blows below the right arm-pit and left side of the waist of the deceased and caused injuries. Babukuttan A-11 with an iron rod inflicted three blows on the right hand of the deceased and caused injuries. The deceased was taken to Taluk Headquarters Hospital with serious injuries sustained and later on was taken to Medical College Hospital, Thiruvananthapuram. He was admitted at Ward No. 5 where he succumbed to the injuries at about 11.55 p.m. on the same night. Charge-sheet was Originally filed before Judicial First Class Magistrate's Court, Varkala and the case was committed to the Court of Sessions, Thiruvananthapuram. Charges were framed under Sections 143, 147, 148, 341, 324 and 302, IPC read with Section 149 thereof against all accused persons. They pleaded innocence. 15 witnesses were examined to further the prosecution version and several documents were marked as Exhibits. Except A-2 and A-7, others pleaded that they have been falsely implicated. Case of A-2 was that while he was returning from work, he heard a hue and cry at the bank of the pond and found that his wife, child and some other ladies were standing there. Deceased was uttering abusive and vulgar words. He advised the deceased not to utter such words and to allow the ladies to take their bath. Suddenly, questioning his authority to advise him, deceased took out a knife and stabbed on his chest. On getting said stab injury, he ran away from the spot. When he reached Nada, his hands and legs became tired and he collapsed there. Somebody gave him water. After some time, a car came and 5 to 6 persons took him into the car. At that time, deceased came and obstructed the vehicle. Deceased hit on the car and did not allow it to move on. Thereafter, A-7 was also stabbed by the deceased and he too was taken into the car and both were taken to the Medical College Hospital in the same car. Stand of A-7 as reflected in his statement under Section 313 of the Code was that when the deceased stabbed A-2, he went towards A-2 for enquiring regarding the incident. When he asked A-2 as to what had happened, he answered that the deceased stabbed him. When he tried to lift A-2 from the ground, the deceased inflicted two stabs on him. He and A-2 were taken in the same car for treatment. Deceased came and obstructed movement of the vehicle by lying on the road. A witness, the doctor who treated them, was examined to prove about the injuries sustained by them.