SAJEEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a case in which the story of a murder committed in a cinema theatre at Kalamassery has been told by the prosecution. The nub of the story is that the gate keepers of the theatre had to pay heavily for thwarting the attempts made by two ticket less cinema goers to gate crash into the auditorium of the theatre, as one of them lost his life and the other was mauled brutally. Six persons were arraigned before the Sessions Court for the offences and five of them were convicted of different offences and sentenced to different terms of imprisonment including murder. Separate appeals have been filed by them.

(2.) THE scene of occurrence was "preethi" theatre at Kalamassery. Time was around 10. 30 p. m. on 4-12-1986. THE occurrence commenced like this : When the second show of the cinema started two persons (2nd and 6th accused) made a bid to get into the auditorium without tickets. THE gateman (P. W. 3) resisted the attempts and there ensued a scuffle between them. Three other employees of the theatre (P. Ws. 1, 2 and the deceased Moosa)on seeing it, rushed to the rescue of their colleague. Both sides went at hammer and tongs and eventually the two bumpkins were overpowered. Hence they retreated from the scene and went out of the theatre compound. But it was only an interval during the occurrence.

(3.) NONE of the accused disputed that P. W. 2 and the deceased sustained injuries at the time and place suggested by the prosecution. But they all denied having involved themselves in the incident. Learned sessions Judge found that all the accused (expect A4) formed themselves into an unlawful assembly with the common object of murdering the deceased and his colleagues in retaliation and in prosecution thereof they trespassed into the theatre compound and attacked the victims in the manner narrated above.