APREN JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals and reference arise out of Sessions Case No. 15 of 1971 at the Sessions, Kottayam. Ten accused persons were tried there, the charge against them being under S.302, 324, 143, 148 and 149 of the Indian Penal Code. The Additional Sessions Judge, who tried the case, convicted accused one to five under S.302 of the IPC. and sentenced them to death. He also convicted them under S.148 of the IPC. and sentenced them to undergo rigorous imprisonment for one year. He directed the sentence of imprisonment not to be given effect to if the sentence of death was confirmed by this Court. He acquitted accused six to ten. While Criminal Appeal 166 of 1971 is by the first and second accused, Criminal Appeal 167 of 1971 is by the fourth accused, Criminal Appeal 168 of 1971 is by the third and fifth accused and Criminal Appeal 251 of 1971 is by the State against the acquittal of accused six to ten. The reference is for confirmation of the sentence of death. The charge is that the accused were members of an unlawful assembly and that in prosecution of the common object of that assembly they murdered one Kuruvilla alias Kunju and caused hurt to PW 4.

(2.) The occurrence was at or about 1 'O' clock on the night between the 13th and 14th of December last at a place on the Manarkad - Thenganal road on the southern side of the dispensary of one Baby in Puthuppally village in Kottayam. It is said to be the result of political animosity. The accused are members of the Marxist party. There is an organisation of agriculturists called 'Karshakasangham' at Puthuppally. Kuruvilla was its Vice President. PW 5, a priest, is the President of the Karshakasangham in the adjoining village, Eramalloor.

(3.) On the evening of the 13th there was a meeting of the Karshakasangham near the Puthuppally junction. It was over by 10-30 P. M. After attending the meeting when PWs l and 4 and one Baby started for going home, Kuruvilla, who met them at the Puthuppally junction, requested them to accompany him to the house of PW 5 which was on the western side of Puthuppally junction. They readily obliged him and they all together went to the house of PW 5 through the Manarkad - Thenganal road. That road lies east to west. While Puthuppally junction is on the eastern side, Eramalloor junction is on the western side of that road. One has to go through Eramalloor junction to reach the house of PW 5. After Kuruvilla had a talk with PW 5 when they were returning through the same road, at the scene of occurrence, which is about seven furlongs away from the house of PW 5 they met PW 3. He was driving a lorry which was coming from the opposite direction. He stopped the lorry on seeing them. There was one Achankunju also inside the lorry at the time. After stopping the lorry PW 3 told PWs 1 and 4, Baby and Kuruvilla that second accused and others were coming that way armed with deadly weapons and he asked them not to proceed towards Puthuppally junction. He offered to take them in the lorry. By the time that talk was over the accused had already reached the scene. As soon as they came, the first accused cut Kuruvilla with a chopper on the head. Kuruvilla tried to ward it off with his right hand, but in vain. The second and third accused then with the choppers in their hands cut Kuruvilla on the back of the head. That was followed by the first accused cutting Kuruvilla again with the chopper twice on the right shoulder and the fourth accused stabbing Kuruvilla on his back with a malappuram knife. The fifth accused beat Kuruvilla on the chest thrice with an iron rod. Kuruvilla fell down and after some time died. PWs 1 and 4 and Baby who were imploring the accused not to kill Kuruvilla, managed to get into the lorry at the time and PW 3 drove the lorry west. When PW 4 got into the lorry the sixth accused is alleged to have hit him with a wooden spear. When the lorry started the accused pelted stones at it. After dropping Achankunju at the Eramalloor junction PW 3 took Pws. 1 and 4 and Baby to the house of PW 5. After dropping them there PW 3 took the lorry to his house.