VELAYUDHAN NAIR Vs. STATE

JUDGEMENT

(1.) THESE are appeals filed by accused to 1 to 5 in sessions Case No. 23 of 1953 on the file of the Sessions Court of Kottayam. Seven persons were tried in that case for offences punishable under Ss. 148, 302 and 324 I. P. C. , read with Ss. 34 and 149 I. P. C. , for the murder of one narayana Kurup Parameswara Kurup of Kailasathu house in Kurumpanedam Kara, madappilli Pakuthy, and for having caused hurt with a dangerous weapon to one of his sons, Purushothaman Nair, who was examined as Pw. 1 in the Sessions court. The learned Sessions Judge acquitted two of the accused persons, viz. , accused Nos. 6 and 7. As regards the rest, he held that accused 1 to 4 were guilty of the offence punishable under S. 302 I. P. C. read with S. 34 I. P. C. for the murder of Parameswara Kurup and the 5th accused was guilty of the offence punishable under S. 324 I. P. C. for causing hurt with a dangerous weapon to Pw. 1 and that the Prosecution had not made out the charges under Ss. 148 and 149 i. P. C. Consequently, he convicted accused 1 to 4 under S. 302 I. P. C. read with s. 34 I. P. C. and sentenced each of them to transportation for life and convicted the fifth accused under S. 324 I. P. C. and sentenced him to undergo rigorous imprisonment for six months. THESE appeals are filed against the said convictions and sentences.

(2.) THE prosecution case is that, on account of previous enmity between the first accused and Parameswara Kurup, the seven accused formed themselves into an unlawful assembly with the common object of causing his death and waylaid him at about 1. 30 p. m. on 8th April 1952 while he was returning home with Pw. 1 along the road in front of the first accused's house and that accused 1 to 4 stabbed him with knives and dagger and thereby caused his death and accused 5 to 7 pelted Pw. 1 with stones when he ran forward to help his father. Accused 1, 3, 5, 6 and 7 are members of the same tarwad, accused 3, 6 and 7 being nephews of the first accused, and the fourth accused is the husband of a sister of the first accused. THE second accused is a nephew of the first accused's father. THE road on which the accused waylaid parameswara Kurup runs east to west through Kurumpanedam Kara. THE first accused is living in a house, known as Narayanavilasam House, situated on the southern side of that road. THE house is shown as point D in Ext. O sketch. To the east of Narayanavilasam House there is a lane running southwards from the road, and to the east of that lane there is an Ashramam, known as the sachidananda Ashramam, belonging to the local Karayogam. THE deceased parameswara Kurup was the President of the Karayogam. Point H in Ext. O is the ashramam building. To the east of the Ashramam compound there is another lane running southwards from the road, and the entrance to that compound is by a flight of steps from this lane. THE steps are shown as point I in Ext. O. A little to the west of the first accused's house, on the southern brink of the road, there is a shed in which a Kalari Le, Pyal School, for the village children is being conducted. THE Kalari is shown as point J. in Ext. O. To the west of point j, there is a small shop. THE road takes a bent to the south past that shop and is crossed by a Thodu or canal a little to the south of the shop. A few feet to the east of the lane which runs to the east of the first accused's house, another lane branches off in the opposite direction, northwards, from the road. This latter lane takes off from the road at a point a little to the west of the ashramam building. Parameswara Kurup's house is about four furlongs to the east of the first accused's house. THEse details are necessary for a proper statement of the prosecution case.

(3.) THE accused pleaded not guilty. Accused 1 to 4 denied that they had attacked or stabbed Parameswara Kurup and accused 5 to 7 denied that they had pelted Pw. 1 with stones. In addition to these general denials the third accused put forward a plea of alibi also, and examined Dw. 1 in support of it. Dw. 1 also said that he saw Kurup climbing up the flight of steps of the ashramam compound with blood all over his body, that he helped and gave him water and also rendered first aid to him, and that it was only after he had helped Parameswara Kurup that Pws. 1 and 3 came to the spot. THE learned sessions Judge found that accused 1 to 4 had waylaid and attacked Parameswara kurup in the manner alleged by the prosecution and caused his death and that the fifth accused had pelted Pw. 1 with stones and caused hurt to him with a dangerous weapon. He also found that accused 1 to 4 had stabbed Parameswara kurup in furtherance of a common intention on their part to murder him and that all of them, i. e. , accused 1 to 4, were guilty of the offence punishable under s. 302 I. P. C. read with S. 34 I. P. C. He found that the prosecution had not made out the charges under Ss. 148 and 149, I. P. C. and that the fifth accused was liable only for his act in pelting Pw. 1 with stones. Consequently, he convicted the fifth accused only of the offence punishable under S. 324 i. P. C. THE principal witnesses relied upon by the learned Sessions Judge were pws. 1, 3 and 6. Regarding motive he was of the opinion that the prosecution had not satisfactorily proved the first incident, i. e. , the quarrel about the collection of the ground-rent, and that the second incident, viz. , the quarrel and fight on the morning of the 8th April 1952, was true and had been proved beyond doubt by the evidence of Pws. 3, 6,10,14 and 15. THE evidence of Dws. 1 and 2 was disbelieved by him.