SREEDHARA MARAR RAMAN PILLAY Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 to 3 brothers, accused 4 their father, accused 5 their mother and accused 6 their sister have all been tried under S.148, 149, 326, 341 and 294B, IPC. by the Nedumangad First Class Magistrate who acquitted accused 4 to 6 of all the charges and convicted accused 1 to 3 under S.326 and 324 IPC. The three convicted accused unsuccessfully appealed before the Trivandrum Additional Sessions Judge and are now seeking to get the order vacated in revision.

(2.) The prosecution alleges that long standing disputes existed, between the accused and Pw. 1 the son of the fourth accused's deceased brother Gangadharan Pillai, regarding the title and possession of 1 acre and 88 cents of land. Accused 4 filed a suit against Pw. 1 and his brother and obtained a decree declaring his title to half the property and possession of the whole. Accused 4 appealed against the decree to the District Court and obtained an injunction restraining Pw. 1 and others from entering the properties. In spite of the order of injunction, they were disturbing the possession of the accused and the fourth accused had to petition the Executive First Class Magistrate on the 10th April 1963. The petition was endorsed to Pw. 10 the Sub Inspector of Police, Kattakada for enquiry and report. On the forenoon of the date of incident, i. e., 16th April 1963 the Sub Inspector went to the property in the company of accused 4 and two police constables and finding the brother of Pw. 1 engaged in preparing the land for cultivation the Sub Inspector questioned him and asked him to go over to the station with the records of the civil case.

(3.) The prosecution case is that at about 2 p.m. the same day while Pw. 1 was passing by the lane near the accused's house, the fourth accused called out "here he is coming" when accused 1 to 3 rushed out. Accused 1 asking him whether he wanted the property, cut him thrice with a chopper at the lower part of his right leg almost at the level of the ankle and caused three lacerated injuries and a fracture of the tibia and accused 2 gave a blow with the handle of an axe above the left eye on the forehead. When Pw. 1 fell down accused 3 cut him with a chopper on his right and left knees and left thumb. After that accused 4 to 6 went to the lane and tied Pw. 1's hands and took him to the courtyard and laid him there. Then accused 4 kicked him forcibly on the abdomen. Afterwards accused 1 and 3 cut and destroyed about 10 to 15 plantain trees in the compound and accused 4 pulled down some kadjans from the roof of the house and set fire to it. Accused 5 put out the fire by pouring water.