RE Vs. KURIAN THOMAS KASEESA V STATE

JUDGEMENT

(1.) The accused, who is the revision petitioner is a priest attached to the Mar Thoma Church in Ayiroor Pakuthy. He was prosecuted for the offence of the unauthorised creation of a place of public worship with a cemetry attached to it in Sy. No. 334/1-B of Ranni Pakuthy in the year 1116 and the continued use of the same as a place of public worship. The question whether this act on the part of the accused amounted to an offence punishable under law, has necessarily to be decided in the light of the law as it stood at that time. Such law is the one embodied in the Travancore Penal Code. By S.182 of that Code, the unauthorised creation or use of new places of public worship was constituted an offence punishable with the imposition of a fine not exceeding Rs. 500/-. The prosecution of the accused was under this Section. The lower court found the accused guilty of the offence charged against him and accordingly convicted him under S.182 of the Travancore Penal Code and sentenced him to pay a fine of Rs. 40/- or to undergo simple imprisonment for 10 days. This revision petition is directed against such conviction and sentence.

(2.) The prosecution case was launched by PW 1 the local Proverthicar, who had been authorised by Government, under Ext. A, to prosecute the accused for the alleged offence. From the nature of the defence set up by the accused and also the evidence adduced on his behalf, it is clear that there is a building in Sy. No. 334/1-B and that it has been set apart for the common use of the Marthomite Christians of that place, known by the name of Kalambala. The defence is that the building was not being used as a church or public place of worship, but merely as a prayer hall and a Sunday School. The property itself was acquired under Ext. 6 sale deed taken in the names of the trustees of the Marthomite Church at Ayiroor and which is known as the "Chayal Palli". It was this church that was serving the needs of the Marthomites of Kalambala also. This latter place is five to six miles from the Chayal Church at Ayiroor. Because of the inconvenience felt by the Marthomites of Kalambala, the necessity of a separate church at that place was keenly felt by them, and, on representation being made to the Marthomite Bishop, Rt. Rev. Mathews Mar Athanasios, he gave the letter Ext. G, authorising the Marthomites of Kalambala to apply for Government sanction to erect a church at that place. It is conceded even by the defence that such sanction was necessary for the erection of a place of public worship as per the rules which were then in force. As contemplated by the letter, Ext. G, a formal application for the required sanction was also presented. But sanction was refused. It was in spite of the fact that sanction was thus refused that the accused was utilising the building in Sy. No. 334/1-B as a church for the use of the Marthomites of Kalambala and thus creating it as a place of public worship, according to the prosecution.

(3.) The consecration of the building in Sy. No. 334/1-B as a church was performed by Rt. Rev. Mathews Mar Athanasios, the Marthomite Bishop, on 29.8.1116. This fact is sworn to by PWs 1 to 4. Of these witnesses, PWs 2 to 4 are persons belonging to the Christian community having their residences in the neighbourhood of the church in question. The Trial Court has believed the evidence of these witnesses and has recorded a finding that the building in Sy. No. 334/1-B had really been consecrated as a church in Meenam 1116. That there was such a consecration ceremony to the knowledge of the accused, was clearly admitted by him in a statement given by him on 6.1.1120 before the local Tahsildar in connection with a complaint petition that the compound was being used as a cemetery. Ext. E is that statement. It has also come out from the evidence of the prosecution witnesses that ever since the consecration ceremony already referred to this building was being regularly used as a place of public worship by the Marthomites of Kalambala and that the religious ceremonies in connection with such worship were being conducted by the accused. The facts elicited in the cross examination of DW 3 who is the secretary of the church of Ayiroor, also go in support of the truth of the version given by the prosecution witnesses. DW 3 has admitted that the prayers in the building in question are being conducted for the convenience of the Marthomites of Kalambala who find it difficult to go to the Ayiroor church, six miles away, to participate in such ceremonies. There is also the further fact that the compound adjoining this particular building was being used as a cemetery. This fact is spoken to by the defence witnesses. The evidence is that the accused has been officiating as the priest at such ceremonies.