KANDAN NARAYANAN Vs. STATE

JUDGEMENT

(1.) THIS batch of criminal appeals is brought on behalf of the accused persons who were convicted by the learned Sessions Judge of Parur in S. C. No. 1 of 1951. The 1st accused was convicted of the offence of murder under Section 301 of the Travancore Penal Code and sentenced to rigorous imprisonment for life. The records are submitted for confirmation of this conviction and sentence in Referred Trial No. 15 of 1951. Since these appeals arise out of the judgment pronounced by the Court below in S. C. 1 of 1951 they were all posted together, the contentions urged on behalf of the appellants being practically the same, except in the case of the 6th accused appellant on whose behalf it is contended that there is an additional point to be considered by this Court regarding evidence about his identity.

(2.) THE court below tried 21 persons who were charged with various offences and acquitted four of them. The remaining 17 were convicted. After filing his appeal, accused No. 10 died, but since the sentence passed upon this accused includes a fine the appeal does not necessarily abate. The learned Public Prosecutor who appears on behalf of the State asks for time to ascertain whether the conviction in respect of the sentence of fine should be supported in appeal. Appeal No. 78/1951 was accordingly adjourned for one week to enable the Public Prosecutor to make a report. The remaining 16 appeals were heard and this judgment deals with these 16 appeals. The following is a tabular statement of the 16 appeals showing the number of the accused persons who are the appellants therein: 1st accused Cri. App. No. 97/51 and Ref. Trial 15 of 1951. 2nd accused. . . 89/513rd accused. . . 72/514th accused. . . 73/516th accused. . . 74/517th accused. . . 75/518th accused. . . 76/519th accused. . . 77/5111th accused. . . 79/5112th accused. . . 80/5113th accused. . . 81/5114th accused. . . 82/5116th accused. . . 83/5118th accused. . . 84/5119th accused. . . 85/5120th accused. . . 86/51

(3.) THE court below has acquitted accused Nos. 5, 15, 17 and 21 and there is no appeal brought on behalf of the State from these orders of acquittal.