STATE OF KERALA Vs. DASAN

JUDGEMENT

(1.) Respondents 1 to 19 in this appeal are the accused in Sessions Case No. 17 of 1982. They were tried for the offences punishable under Ss. 143, 147, 148, 149, 323, 324, 302, 506 and 109, Penal Code. They were acquitted of all the charges by the learned Sessions Judge by her judgment dt. 3-7-1982. The present appeal is accordingly, brought by the State against the order of acquittal.

(2.) The case of the prosecution is Radhakrishna Menon (alias Rajan) and his maternal uncle Sankarankutty Menon (alias Thankappan) were on 28-4-1981 engaged in ploughing their paddy field at Kappukulam, Panangad by means of a tilter. P.Ws. 1 and 2 and others were with them. At about 12.30 P.M. accused 4, 6, 8, 10, 11, 15 and about 60 other persons came to them and asked them not to plough their field since agricultural labourers were on strike. Rajan and Thankappan told them that they had almost completed their work and what remained to be done had to be finished. So stating they got on with their work. Provoked by this attitude, the accused forming themselves into an unlawful assembly and carrying deadly weapons like swords, daggers and knives came to the paddy field at about 1.45 P.M. and attacked Rajan and Thankappan and caused serious injuries to them. Accused 10 and 11 pelted stones at Rajan. Accused 1 stabbed Rajan with M.O. 1 dagger on the right side of his stomach. Accused 2 struck him with a sword (M.O. 2) on his right hand, and then on his left hand. Accused 3 stabbed him with a knife (M.O. 5) on his head. Thankappan, waving his belt, rushed towards Rajan. Accused 6, 10, 11 and 13 pelted stones at Thankappan. Accused 18 and 19 called out to kill him. Accused 2 advanced towards him brandishing M.O. 2 sword. Hitting the belt, the sword fell down. Accused 11 seized the belt from Thankappan's hand and threw it into the field. As Thankappan attempted to retrieve the belt, accused 4 stabbed him on his back with M.O. 4 dagger. Accused 2 stabbed him with a knife on his back. Accused 5 then stabbed him with M.O. 3 dagger below his left nipple. Thankappan fell down. Accused 6 beat him with M.O. 6 cycle chain. Accused 12, 14, 15 and 17 kicked Thankappan. Accused 7 holding a pestle and accused 8 holding a reaper threatened P.Ws. 1 and 2 who were in the vicinity with dire consequences and chased them away. At this time accused 9 was standing guard with a spade (M.O.8) and an iron rod. After all this, the accused went away from the scene.

(3.) P.Ws. 1 and 2 and others took Rajan and Thankappan to the General Hospital, Ernakulam. Dr. B. A. Varghese (P.W. 27) found both Rajan and Thankappan dead. On the same day at about 4 P.M. P.W. 1, who had witnessed the whole incident, gave Ext. P1 First Information Statement before the Sub-Inspector of Police (P.W. 30) at the place of the incident. Crime No. 117 of 1981 of the Ernakulam Town South Police Station was registered at about 6 P.M. Ext. P1(a) is the F.I.R. The crime was later transferred to the Crime Detachment. Investigation of the case was conducted by the Circle Inspector of Police, P.W. 31, who held the inquest on 29-4-1981. Exts. P. 10 and P. 11 are the reports respectively relating to Rajan (Radhakrishna Menon) and Thankappan (Sankarankutty Menon). On the same day autopsy was conducted by Dr. B.A. Varghese (P.W. 27), who issued Exts. P15 and P16 post-mortem certificates respectively relating to Rajan and Thankappan.