CHANDY (A) KOCHU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Judgment of the Court was delivered by Janaki Amma,J. - Criminal Appeal No.371 of 1979 is filed by accused 1 to 3 in Sessions Case No.16 of 1978,on the file of the Court of Session,Thodupuzha,against the conviction under S.304 Part I,Indian Penal Code and sentence of rigorous imprisonment for three years.Criminal Appeal No.35 of 1978 is filed by the State against the acquittal of the eight accused,who were tried in that case of the offence of murder.

(2.) THE prosecution case is as follows:Accused 1 to 4 are brothers.Accused 5 and 6 are sons of the paternal uncle and accused 7 and 8 are dependants of accused 5 and 6.Accused 1 to 6 owned a rubber estate at Purakayam in Peruvanthanam Village.There was a labour dispute in the estate.The workers were led by the deceased,Kadathinath Kocheppe alias Joseph.On 6th April 1978 the estate workers,under the leadership of the deceased wrongly kept the first accused under restraint.On account of the incident accused 1 to 6 became enemical towards the deceased.On 19th April 1978 at about 5.30 p.m.the deceased was standing near the stationary shop of P.W.2 in Murinjapuzha Bazaar for boarding a bus.While so,accused 1 to 8 came in a bus and got down at the bazaar.They had tea from the shop of P.W.5 Philipose.The accused saw deceased - - Kocheppe standing in the verandah of P.W.2.The first accused moved towards the verandah of the grocery shop of P.W.4 and beckoned to Kocheppe.Kocheppe approached the first accused.The first accused asked him whether he would not allow his rubber trees to be tapped.Kocheppe replied that he would not.The first accused again repeated the quarry and the deceased gave the same reply.The first accused got enraged and asked the other accused,to do away with Kocheppe.The second accused stabbed the deceased with a knife.Kocheppe warded off the stab and ran towards the road.The accused chased him and surrounded him at the courtyard in front of the shop of P.W.2.All the accused stabbed him with knives until he fell down.Kocheppe died on the spot due to the injuries sustained by him.

(3.) IN the meanwhile,on 23rd April 1978 accused 1 and 3 got themselves admitted in the Government Hospital,Kanjirappally.P.W.9 examined the injuries and issued wound certificates,Exts.P -3 and P -4.An intimation was sent to the police station at Ponkunnam regarding their admission.On 24th April 1978 the Sub Inspector of Police,Ponkunnam,proceeded to the hospital and recorded Ext.P -19,the statement of the first accused.Crime No.121 of 1978 was registered on that basis.The case was,subsequently,transferred to the police station at Ponkunnam,where it was re -registered as Grime No.132 of 1978.P.W.20 investigated the crime.Accused 1 and 3 were discharged on 2nd March 1978.Accused 2 and 4 surrendered on the same day.Accused 5 to 8 surrendered on 9th May 1978.Eight knives,M.O.1 series,alleged to have been used for the occurrence,were respectively recovered as per information given by accused 1 to 8.Exts.P -5 to P -12 are the mahazars prepared in respect of the said recovery.P.Ws.10 to 12 are the attestors to the mahazars.A charge sheet was filed after the completion of the investigation.A refer report was sent in respect of Crime No.132 of 1978.In due course,the accused were committed for trial in the Sessions.All of them pleaded not guilty.