SANKARAN NAIR CHELLAPPEN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE four appeals arise out of the Judgment of the Sessions Judge of Alleppcy in Sessions Case 9 of 1984. Criminal Appeal 155 of 1964 is by the first accused; criminal Appeal 184 of 1964 is by the second accused; Criminal Appeal 174 of 1964 is by the third accused and Criminal Appeal 154 of 1984 is by the fourth accused. The charge against them was that in furtherance of their common intention to murder Mathen Chacko alias Chimian and to cause hurt to P. Ws. 1 and 2 these four accused attacked them on the Edathwa --Thiruvalla public road in front of the Edathua telephone exchange office, that the second accused beat deceased Chiunan on his head with a lathi, that the first accused stabbed him, the third accused caused hurt to Pwsection 1 and 2 by stabbing them with a knife and accused 2 and 4 beat Pws. 1 and 2 with lathies.

(2.) ACCUSED 1 and 3 are Head Constables attached to the Edathua police station. Accused 2 and 4 are police constables of the same station. According to P. W. 4 abraham on the evening of 8-3-64 he saw these four accused in a country boat in the thodu near Kalangara mukku. The boat had capsized and the accused were catching the boat and attempting, to get in. People had gathered and the accused were indulging in obscene words. Accused 5 and 4 then got on to the bank of the thodu and chased the people. After that they again got into the boat and proceeded south. P. W. 4 also went along the pathway on the bank of the thodu. After going for a short distance he found the accused chasing the people. Pw. 4 also stopped to see what it was about. Seeing him the third accused beat him. The fourth accused caught hold of him and pushed him and the first accused hit him on his stomach as a result of which he fell down into the thodu. He swam across to the other side and while going he heard a row and mutual exchange of blows between the accused and the people who had gathered there. P. W. 4 went to his house and after having some hot fomentation for the injuries sustained by him left with his brother to Edathwa dispensary. P. W. 1 heard that P. W. 4 had been assaulted by the Police and for treatment had been removed to the hospital. He, therefore, proceeded to the hospital, but P. W. 4 bad not reached there. A little before that accused 1, 3 and 4 had gone to the dispensary. The doctor was not there and they sent a man to the doctor's house, but were told that he was not there. P. W. 9 applied some medicine on their injuries. It was when the accused were there that P. W. I reached the hospital. He looked round and not seeing P. W. 4 went out. After seeing P. W. 1 accused 1, 3 and 4 went out of the dispensary. On the way P. W. 1 met deceased Chinnan and also P. W. 2 who had gone on hearing that P. W. 4 had sustained injuries and had been taken to the hospital. He was also returning home without seeing him. All the three of them then got into the tea shop of one Thommochan near the cinema theatre. After taking tea they proceeded along the road to the east. On reaching near the Telephone exchange they heard the sound of some persons following them. P. W. 1 raised the lighted hurricane lamp which he had, to see who it was and found that it was accused 1 to 4. As they came near, the first accused asked "are you the person who want to belt. " Immediately the fourth accused hit at the hurricane lamp and it fell down. P. Ws. 1 and 2 and deceased Chinnan cried out. The second accused then beat deceased Chinnan on his head, on receipt of which he fell down. The first accused then stabbed him twice. The third accused stabbed P. Ws. 1 and 2 with a knife which he had and accused 2 and 4 beat P. Ws. 1 and 2 with the lathies. Accused then ran away from the place. Deceased Chinnan and the other injured were taken to the Government dispensary. Accused 1, 3 and 4 on their way got into the shop of P. W. 9 and had some soda. They proceeded west. On the deceased reaching the hospital the compounder P. W. 9 sent information to the doctor P. W. 7. By that time accused 1 to 4 also reached the dispensary. P. W. 5 the brother of Chinnan hearing about the incident came to the hospital and the deceased told him that he was stabbed by the first accused. The same night at about 3 a. m. Chinnan succumbed to his injuries. The doctor first examined P. Ws. 1 and 2 then accused 1, 3 and 4. On the morning of 9-3-64 P W. 14 the Probationary Sub-inspector of the Edathwa Police Station went to the hospital and re-corded a statement Ex. P 18 from the third accused. At 7-15 a. m. he recorded a statement Ex. P 1 from P. W. 1. P. W. 15 the personal assistant to the D. 3. P. , Alleppey on hearing about the occurrence came and hold the inquest and questioned among others P. Ws. 1,2 and 5. After the inquest the medical officer P. W. 7 conducted the autopsy. The same day the Circle Inspector of Police P. W. 18 searched the house where all the accused were living and took into custody M. O. 8 series two lathies. The next day he took into custody M. O. 1 light and M. O. 4 broken pieces of glass produced by one Chacko Thomas. The accused were arrested on 10-3-84. After questioning all the witnesses and completing the investigation the accused were charge-sheeted.

(3.) P. Ws. 1 to 3 were examined in the committal Court and when questioned on their evidence tho first accused stated that knowing that P. Ws. 1 to 3, deceased chinnan and several others had collected armed with deadly weapons to commit rioting he along with the fourth accused proceeded to inform the Sub-Inspector and on the way were assaulted by the persons gathered there. He stated that he was not armed and had not done anything and the witnesses were all lying. He had registered a case of theft of an electric motor against P. W. 4 and others and on account of that himself and his relations were on inimical terms with him and a false case has been foisted on him. In the Sessions Court also he gave a similar statement. He denied having gone to the hospital prior to the occurrence as deposed to by P. W. 9 and denied having told the doctor that the injuries were sustained earlier. Second accused stated that he returned from the bus stand duty at 8 p. m. and was sleeping when the incident is alleged to have taken place. He denied his presence at the scene. The third accused stated that accused 1 and 4 had gone to inform the Sub-Inspector, that a little later on hearing about accused 1 and 4 being assaulted he went up and he was also assaulted. When questioned about the complaint given to p. W. 14 he admitted P. W. 14 having recorded a statement from him, but stated that Ex. P 18 is not that statement and that Ex. P 18 was got signed from him when he was in the hospital. Like the first accused he also stated that what Pws. 7 and 9 deposed is not true. The fourth accused supported the statement of the first accused. All the accused denied the earlier incident spoken to by Pw. 4 and that they denied having sustained any injuries at the earlier incident.