KASSIM PILLAI ASSNARU KUTTY Vs. STATE

JUDGEMENT

(1.) These seven Criminal Appeals arise from Sessions Case No. 19 of the 1950 on the file of the Quilon Sessions Court. The appellants were accused Nos. 1 to 5 and 7 and 8 in that case and together with accused No. 6 they were committed by the First Class Magistrate Karunagappally to stand their trial before the Quilon Sessions Court for commission of offences punishable under S.140 and 301 of the Travancore Penal Code read with S.28 and 141. The occurrence complained of took place at Kulasekharapuram. The case against the accused is that on the fore-noon of 21st Meenam 1123 at about 10 A.M. they formed themselves into an unlawful assembly armed with deadly weapons and that in furtherance of the common object of that assembly they caused the death of one Hydrose Kunju by beating him with deadly weapons like iron rod, wooden sticks, etc. and by cutting and stabbing him with sharp and deadly instruments like chopper, dagger, and pen-knife. The learned Additional Sessions Judge who conducted the trial while acquitting accused 6 convicted the remaining seven accused under S.301 read with S.28 and sentenced each of them to undergo rigorous imprisonment for life. These appeals are by the seven convicted persons. In Referred Trial No. 19 the sentences passed by the learned Judge came up for confirmation.

(2.) Some twenty years prior to the occurrence Hydrose Kunju and PW 17 in this case had caused the death of Kasim Pillai, the father of accused 1 and 2. There was a case against Hydrose Kunju and PW 17 in this case, in respect of that occurrence. Both of them were convicted. Hydrose Kunju was sentenced to undergo rigorous imprisonment for six years while PW 17 was awarded a sentence of four years rigorous imprisonment. Since Hydrose Kunju came out of the jail after serving out his sentence his relationship with Kasim Pillais people was anything but cordial. He lived in constant dread of them. In 1117 he had sent petitions to the District Magistrate, Quilon and the District Superintendent of Police that accused 1 and 2 and some of their relations and friends were making plans to end his life. He was originally living at Thazhava, a place not far away from the residence of Kasim Pillais people. The evidence in this case suggests that he sold away that property and came and settled down at Kulasekharapuram to be away from his enemies. It would appear Kasim Pillais death at the hands of Hydrose Kunju and his companion PW 17 took place on a day fixed for the circumcision ceremony of accused 1 and 2. The prosecution case, as put forward in the Courts below, is that on 21st Meenam 1123 Hydrose Kunju had arranged his daughters marriage to take place and that the accused party, composed mostly of Kasim Pillais sons and nephews, chose that day to avenge the death of Kasim Pillai. As already mentioned accused 1 and 2 are Kasim Pillais sons. Accused 3, 4, 5 and 7 are his nephews and accused 6 and 8 are said to be friends and companions of the remaining accused. They all live at a place known as Vellamanal 4 miles away from Kulasekharapuram. According to the prosecution, on the morning of the date of the occurrence, with the common object of avenging Kasim Pillais death, the accused came to Kulasekharapuram, armed with weapons such as those mentioned above and on their meeting Hydrose Kunju in front of PW 2s shop then and there they had done him to death by beating him with an iron rod and wooden sticks and cutting him with a chopper and also stabbing him with knives and daggers. The accused left the place when they found Hydrose Kunju was dead.

(3.) Within two or three hours the Inspector of Police, Karunagappally (PW 39), who got information about the occurrence while he was attending Court work at the Karunagappally First Class Magistrates Court arrived at the place of occurrence and saw the dead body. Three-quarters of an hour or so afterwards he commenced to hold the inquest and the report thereof was finished by about 6 P.M. The Inspector remained there till next evening conducting further investigation. Strangely enough the first information report was drawn up and sent to the Court and to other authorities only after he returned to his head-quarters at Karunagappally on the evening of the 22nd. The inquest report was also sent along with it. These two records show that the investigation conducted so far disclosed that among the eight persons who were subsequently arraigned as accused, six of them, viz., accused 1 and 2 and 4 to 7 had actively participated in the commission of the crime. The F.I.R. and the inquest report describe the 8th accused as a fair-complexioned long haired person whose name was not ascertained. These documents describe the third accused as one Chura Kasim belonging to Kolluvila and who had married from Pynammoodu. Subsequently on 25th Meenom 1123 a further report was sent to the Court mentioning the 8th accused by name and also giving further particulars regarding the names and addresses of accused 3, 5 and 6. It has however transpired that the person charged as 3rd accused is not the person whose name occurs in the F.I.R., the inquest report or the report dated 25th Meenom 1123.