VASUDEVAN Vs. STATE

JUDGEMENT

(1.) VASUDEVAN, 23, the first accused in Sessions Case No. 2 of 1975 in the Court of Sessions, Trichur, who has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life, is the appellant. He was tried along with five other accused on a charge that he and the others constituted an unlawful assembly the common object of which was to murder Kesavan and that in prosecution of the said common object, he committed the murder of Kesavan by cutting him with a chopper (M. O. I. ). The other accused were acquitted of all the charges and the appellant was acquitted of the charge under Section 143 of the Indian Penal Code.

(2.) THE occurrence was at about 1 P. M. on October 15, 1974. The scene of offence is on the Trichur-Mulayam Road near the junction where the road leading to "laksham Veedu" branches-off and about 41 metres to the south of the shop of kuttan situated on the western side of the Trichur-Mulayam Road.

(3.) THE first accused is the elder brother of the 5th accused; and the younger brother of the third accused is the husband of the younger sister of the first accused's mother. The fourth accused is the wife of the third accused and accused 2 and 6 are their sons. Kuttappan (P. W. 7) is the elder brother of Kesavan (the deceased), and Ammini (P. W. 9) is their paternal aunt. There was a quarrel between the fourth accused and her children on the one side and P. W. 7 and the deceased on the other on account of some kuri transactions. Two days prior to the occurrence, while Kesavan was playing cards in a reading room in Kozhukuly along with others accused 1 and 2 and Gopalan (P. W. 12) went to the reading room and Gopalan called out the deceased, but the deceased refused to go out. The next day evening while P. W. 7 was returning home, accused 2, 5 and 6 followed him and one of them gave him a blow, when P. W. 7, fled for his life and got into the house of Sankarankutty (P. W. 6 ). The fifth accused pursued P. W. 7 there, but somehow P. W. 7 escaped. On the date of occurrence, while Sreedharan (P. W. 1), Thankappan (P. W. 2) and Gopalan (P. W. 3) were in the shop of Kuttan, the husband of Thanakamani (P. W. 4), the 5th accused came there at about noon with a bunch of plantains for sale. But Kuttan said that he did not want the plantains. In the meanwhile, Kesavan along with Petta Kuttan came to the shop and on seeing the 5th accused Kesavan asked him about the previous evening's quarrel between him and P. W. 7. It was at this time that the first accused came to the shop. Talking about the said quarrel, Kesavan and the 5th accused came to the road in front of the shop. By this time, the third, accused along with his sons, accused 2 and 6, came there; and the second accused rubbing the shoulders of Kesavan said that his own elder brother (Kesavan) was responsible for the quarrel and when the second accused repeatedly rubbed the shouders Kesavan protested and cautioned that he should not touch his body. The second accused retorted "mandu thottaan nee endu chayum" when the deceased walked southwards along the road saying "eppoll ningal moonu naalanju parally ? allangil endu chayumaayirunnh endu Kamickummajirunnu. " The appellant followed Kesavan and the other accused also went behind the appellant. Apprehending that something untoward might happen, P. Ws. 1 to 3 got down to the road and by then Kesavan and the accused had covered a distance of about 50 feet from the shop of Kuttan. Immediately, at the instigation of the fourth accused, the appellant took out M. O. 1. chopper which he had concealed beneath his shirt and inflicted a cut on the right shoulder blade of Kesavan who pressing the injury with his hand and crying 'ayyo' quickened his pace when the appellant inflicted another cut with the chopper on his right elbow. Feeling helpless Kesavan hurried towards south, when the appellant chased him and again cut him with the same chopper on his back above the hip and as Kesavan was falling down, the appellant inflicted a cut on the right side of his neck. Sustaining injuries on different parts of his body, Kesavan fell down in a pool of blood and died on the spot. P. Ws. 1 to 3 saw the occurrence. The appellant left the place carrying the weapon with him, P. W. 1 went to the Mannuthy Police Station which is 8 kms. away and laid Ext. P-1, the first information statement, at 2. 30 P. M. before P. W. 20. the Head Constable, who recorded the same and registered a case on its basis. P. W. 17, Circle Inspector of Police, held inquest over the dead body which was found lying at the junction of Trichur-Mulayam road and the road leading to the Laksham Veedu. Ext. P-4 is the inquest report prepared by him. P. W. 10 held autopsy over the dead body. On the same day at about 5 p. m. , P. W. 21, the Circle Inspector of Police, Crime Branch, visited the scene taking up investigation from P. W. 17, and questioned the witnesses. The accused were absconding. On October 24, 1974, at 8 A. M. the appellant and accused 2 and 5 surrendered before the Crime Branch Police and they were arrested. In pursuance of the information furnished by the appellant. M. O. , I. chopper was recovered from the place where it was concealed, under Ex. P-2 mahazar attested by P. W. 14.