STATE OF KERALA Vs. DEVASSY

JUDGEMENT

(1.) This State appeal is against the acquittal of the four accused persons tried by the Trichur Additional Sessions Judge under S.324,447,326 and 302 read with S.34 I.P.C.

(2.) Accused 1 with his wife accused 3,son accused 2 and daughter accused 4 and the deceased Lona with his wife PW 2 and sons Ouseph and Porinchu PWs 1 and 3 and daughter Kunjilakutty PW 4,were living in two contiguous properties and having a boundary dispute for a considerable time in the past.According to the prosecution on 25-1-1961 at about 6 -30 A.M.PWs 1 and 2 went out to bail water for their cocoanut and arecanut plants.Finding the leaves of some cocoanut and arecanut palms belonging to accused 1,causing obstruction to the flow of water,PW 2 pulled down those branches when accused 1 seeing this trespassed into Lona 's property and hit PW 2 with a spade.PW 2 cried and PW 1 her son went near her whereupon accused 1 gave him a hit on the head with the self same spade.Now PW 1 also cried aloud,when accused 2 armed with a rice pounder(M.O.4 ),accused 3 with a chopper and accused 4 a stick rushed out to the scene and trespassed into Lona 's property.Accused 2 gave a blow to PW 1 and felled him.hearing the cries of his wife and son,Lona came out and interfered,when accused 1 hit him on the face twice with MO 3 which made him fall down.Then accused 2 and 3 also gave blows on Lona 's head.hearing the cries PWs 3 and 4 arrived on the scene.On seeing them accused 1 and 2 lifted and carried Lona to their property and threw him down and again hit him on the head.When PWs 3 and 4 rushed to the side of Lona,accused 2 aimed a blow on the head of PW 3 which fell on accused 1 who warded off the blow and asked him to stop.Not paying heed to the advice accused 2 again hit PWs 3 and 4.Accused 4 is alleged to have inflicted blows on the fallen person.When more people gathered,accused 1 and 2 went back to their house with the weapons followed by accused 3 and 4 who kept back to pull down the leaves of an arecanut plant in their own property.PWs 3,11,13 and 14 removed Lona to his house and laid him down along with the other injured.PW 15 who arrived later on getting the news is alleged to have got Lona 's version of the incident and lodged the First Information in the Trichur Cusba Police Station.Lona died in the hospital the same day at 1 -15 P.M.

(3.) Accused 1,3 and 4 had sustained injuries in the course of the same incident and the first accused who was removed to the hospital along with Lona and others also gave a statement which was recorded by the police.According to him,the prosecution version of the incident is false and distorted.he says that himself and PW 2 the wife of Lona quarrelled over the removal of a kytha plant standing on the boundary and hearing the noise Lona and his children came with rice pounder and chopper and stick and destroyed his arecanut plants,and beat him.According to him the whole incident took place in his property and the version given by the other party that it took place in Lona 's property and subsequently Lona was removed by the accused to their property is false.Both the cases were investigated and while referring accused 's case as false the murder case was charge sheeted.The first accused filed a protest complaint which was enquired into by the Magistrate and committed along with this case to the Sessions Court.Both the cases ended in acquittal.The same version of the incident is given by the first accused in his S.342 statement and also in his evidence as D.W.1.The other accused gave similar versions.