CHIRAMEL VARIED DEVASSIKUTTY Vs. STATE

JUDGEMENT

(1.) ACCUSED 1 to 3 are the appellants in Criminal Appeals 3, 8 and 4. Accused 4 had been acquitted by the lower Court and the State had filed Criminal Appeal 34 of 1952 against that decision. The four accused were the four persons mentioned in the police charge in crime No. 152 of 1123 Of the Chalakudy Police Station. In that charge-sheet, they are described as accused 4, 16, 17 and 22, and the lower Court has followed this order in discussing the evidence in the case. These accused along with 53 others were charged by the Police. But the enquiry and the trial of these accused persons could not be had then, as they were not apprehended. The trial therefore proceeded only as regards the persons apprehended then, ending with the conviction of some. There were criminal appeals against the conviction entered by the Sessions Judge in that case and they were disposed of by this Court on 20. 12. 1951. It was only after this that the enquiry and trial relating to the accused in the present case were conducted in the Courts below. The case arose because of the brutal assault on one Shri Sankunni, the Sub-Inspector of Police, Chalakudy and of his death consequent on the injuries sustained by him. In the village called Kodasseri within the jurisdiction of Chalakudy Police Station, an association called the "alwaye Settlement Colony" had been started after getting a lease of a block of 199 acres and 44 cents out of Section No. 422 of the Cochin Forest Department in Nettipadan. The object was to start a colony to ameliorate the condition of the depressed classes. The plot had been divided into several blocks and distributed among various persons for improvement and cultivation. The occupants had put up boundary walls round the colony. On the northern side of this boundary wall, there were poramboke lands, where some persons without any right to those properties were squatting. They had been there even before the colony was established. The colony people and these settlers were living amicably till about 1123. The prosecution case was, that the communist party had begun its activities within the State by that time with the object of creating unrest wherever possible. They found a fertile field for their activities in the settlers of the Poramboke lands to the north of the colony. They were induced to trespass upon the properties under cultivation of the colony members, and thereby create trouble. Several meetings under the auspices of the communist party were also held with the object of thwarting law and order. The first trespass by the squatters on the poromboke land was on 7. 10. 1123. Thereupon Jacob the Manager of the colony, who is P. W. 1, filed a complaint before the Chalakudy Police Station about this trespass. Shri Sankunni who was then the Sub-Inspector went to the spot, and asked the trespassers into the colony property, who were also the poramboke squatters, to appear in the police station and give bail. Since they did not comply with the direction given by the Sub-Inspector, he sent a report to the Division Inspector of police at Irinjalakuda. In that report he had pointed out that the locality where the trespass took place had become a hot bed of communist activities and that additional police force was necessary to keep peace. The Division Inspector, who visited the place, consequent on that report, arranged periodical patrols by the military and the police reserve force. This had the effect of infuriating the agitators there, who began to preach violence against the police force. It was the prosecution case that these agitators held their last meeting on the evening of 27. 10. 1123 at the house of one Manikkan who was accused 41 in the main charge. It was decided then that the tapioca should be planted the next day in the area trespassed upon, and that if the police force interfered, they were to be done away with. P. W. 1 had been to Chalakudy on the morning of 28. 10. 1123. Sub-Inspector Shri Sankunni, Head Constable P. W. 7, the Revenue Inspector P. W. 52, and P. W. 1 came to the place with the object of measuring the boundary line of the colony. Their car arrived at Nettipadam at about 10 or 10-30 A. M. While the Revenue Inspector and his assistant were engaged in verifying the boundary marks, Shri sankunni made certain enquiries at the spot about the disturbances complained of. When he rejoined the survey party he learned that some persons were again engaged in digging operation in the trespassed plots. After making sure that the information was correct, Shri Sankunni, accompanied by P. W. 3 proceeded to the spot and asked the persons who were digging to stop work. Information had also reached the accused people of the arrival of the Police Inspector. At this interference of the Inspector, the present accused 1, who is accused 4 in the main charge, jumped out from the adjoining grass bush, armed with stick and stones, and challenged the Inspector of his authority. The challenge was accompanied by the throw of a granite stone he had in his hand, which hit Shri Sankunni near his eyes. There was also heard a clapping of hands which had the effect of bringing to the scene some 20 persons from their hiding places, all armed with sticks and stones. They began to attack the Sub-Inspector. pelting him with stones and beating with sticks. By that time P. W. 7 and P. W. 1 had come to the spot. The sound of a whistle blown by one of the assailants brought a still larger number of people on the scene, some armed with stones and others with sticks. The assembled persons numbered about 200 and they began to attack Shri Sankunni and P. W. 7. In the face of this assault, Shri Sankunni retreated and tried to protect himself as much as possible with his hat and hands. The rioters closed upon him, at the same time throwing stones and beating him with sticks. After retreating a few yards, he fell down in a furrow between tapioca beds. The rioters again beat him and disabled him. P. Ws. 2, 3 and 4 who had arrived at this place preceding the Inspector, to ascertain whether digging was being continued, were also near the place of occurrence, But they made good their escape from the spot, followed by P. Ws. 1 and 7. After cruelly assaulting Shri Sankunni, the rioters left the place.

(2.) ON receiving information about the occurrence, the Chalakudy Police proceeded to the scene with the available police force. The Division Inspector also arrived. They went to the scene of occurrence and found Shri Sankunni lying in a helpless and disabled condition, drenched in rain, between the tapioca beds. It was then about 2-30 P. M. He was removed to the Chalakudy Hospital where his condition grew worse towards midnight. A dying declaration was taken by the Division Inspector of Police, but it was not possible to get the same signed by Shri Sankunni as the bones of his hand were fractured. Shri Sankunni passed away that night. As a result of the investigation, the police laid a charge against 57 persons. Most of them had been tried in the previous case. These four accused, who were then absconding were subsequently arrested and tried for offences under Sections 28, 104, 109, 427, 129, 133, 134, 135, 312, 313 and 281, Cochin Penal Code. Accused 4, 16 and 17, that is, the present accused 1, 2 and 3 were found guilty under Sections 104, 109, 134, 312, 313, 427 and 283 read with Sections 28 and 135, Penal Code. Accused 22 who is the present accused 4, was acquitted.

(3.) IT is evident from the testimony of the witnesses and the evidence in the case, that Shri Sankunni, the Sub-Inspector of Chalakudy Police Station, died in the Chalakudy hospital on the night of 28. 10. 1123. That is not disputed by the appellants. Besides, this is evident from Ex. 1 inquest report, Ex. Q post mortem certificate issued by the medical officer P. W. 11, and from the evidence of P. W. 61, the Circle Inspector of Police, who was present then. There is therefore no doubt that Shri Sankunni is dead.