VARGHESE Vs. STATE

JUDGEMENT

(1.) Accused Nos. 1, 2, 4 to 9 and 18 are the appellants. They were convicted for offences under different sections of the Indian Penal Code and the sentences passed against them were directed to run concurrently so that the resulting sentence on each of the appellants was rigorous imprisonment for life. The case before the lower court was against 18 accused persons of whom all except the appellants were acquitted.

(2.) The prosecution case was briefly as follows: One Varkey was living with his wife PW 8, sons PWs 1 to 3 and daughters PWs 6 and 7 in Vadakkedathu house at Memuri. There was a Communist Party in the locality headed by the 1st accused. The Police had registered a case against accused 1 and others for certain alleged illegal activities. The communist party was under the impression that Varkey and his sons were rendering assistance to the Police by giving them timely information regarding the activities of the communist party. They had also refused to join the communist party. So, the 1st accused, along with thirty others, entered into a criminal conspiracy for doing away with the lives of Varkey and the members of his family and for destroying the house by setting fire to it. With this object in view, they formed themselves into an unlawful assembly and proceeded to Vadakkedathu House, having armed themselves with deadly weapons such as guns, lances choppers, explosives, knives and stones, on the night of the 30th March 1950. They reached Varkey's house at about 2 O'clock in the night. Varkey was sleeping on the outer Verandah of his house. On reaching the place the accused fired guns and explosives so as to strike terror in the people of the locality and then set fire to the house. The other members of the family, along with their guest PW 5, were sleeping inside the rooms. All the outer doors of the house were guarded in order to prevent the inmates from escaping. They attacked Varkey with the butt end of the guns and with lances and choppers so that he sustained thirty injuries. Having disabled him thus, accused Nos. 5 and 18 and others set fire to the house. When the house was on fire, the inmates, that is PWs 1 to 3 and 5 to 8 opened the northern and western doors of the northern room and rushed out, when they were attacked by some of the accused. These persons sustained injuries. One Pulavan, who was a member of the accused party, struck PW 8 with a lance. He was about to strike her against, when her son PW 2 beat him on his head with a rice pounder. Pulavan fell down and died soon after. Hearing the tumult a neighbour PW 4 came to the scene of occurrence. He was stopped by accused and attacked causing injuries on him. He lay there unconscious. After he death of Pulavan, all the accused left the place. Varkey expired at about 5 O'clock in the morning. No one stirred out of that compound that night. PWs 4 and 6 to 8 were sent early in the morning to the Athirampuzha hospital for treatment. PWs 1 and 2 remained at the spot, where their father was lying dead.

(3.) Hearing some news abut this occurrence, PW 27 a Head Constable attached to the Kuruppumthara Police Out post came to the scene early next morning, that is on 31.3.1950. PW 30 the Assistant Superintendent of Police, Meenachil, also arrived there soon after. The occurrence took place within the jurisdiction of the Ettumanoor Police Station. PW 33, who was the Inspector in charge of the Police Station was then away in Moovattupuzha on court duty. He was informed of the occurrence by a phone message and he hurried to the spot and reached there at about 10 a.m. Under the directions of PW 30, the Inspector PW 33 held inquests over the dead bodies of Varkey and Pulavan. Later, in the evening, PW 33 went to the hospital and recorded the statements of the injured persons. The F.I.R. was prepared by him at about 10.30 p.m. In that, 23 persons were entered as having taken part in the occurrence. Of these 7 were left out at the time the final charge sheet Ext. 26 which was prepared by the Police on 28.4.1950 and a few others, who are accused Nos. 11 to 17 were added. A case had also been registered against PW 2 for causing the death of Pulavan. But later on that was referred by the Police ostensibly on the ground that PW 2 had acted in defence of himself and of his mother. PWs 3, 4 and 8 were sent to the Kottayam hospital from the Athirampuzha dispensary for treatment. They were discharged on 13.4.1950. The charge was laid against 31 persons of whom one was dead and another died during the enquiry by the Magistrate. Eight persons were still absconding and 3 were discharged by the Magistrate himself, who enquired into the case. The learned Judge, after trial, acquitted accused 3 and 10 to 17 and convicted the remaining accused as follows:-