MUTHU Vs. STATE

JUDGEMENT

(1.) Accused 1 to 4, 6, 13 and 18 are the appellants. In S.C. No. 10/83, on the file of the Sessions Judge, Palghat, there were altogether 19 accused including the appellants. They were charge sheeted for offences punishable under S.143, 148, 323, 341 and 302 read with S.149 of the Indian Penal Code. All others, except the appellants, were found not guilty and acquitted. First accused was convicted for the offences punishable under S.341 and 323 of the IPC. and sentenced to undergo simple imprisonment for one month and a fine of Rs. 500/- for the offence under S.341 and rigorous imprisonment for one year and a fine of Rs. 1,000/- for the offence under S.323. Second accused was convicted for the offences punishable under S.323, 148, 302 read with S.149 and 143 of the IPC. For the offence under S.323, he was sentenced to undergo rigorous imprisonment for one year. For the offence under S.148, the sentence awarded was rigorous imprisonment for three years. For the offence under S.302 read with S.149 be was sentenced to imprisonment for life. Six months rigorous imprisonment was awarded to him for the offence under S.143. Third accused was convicted for the offences punishable under S.323, 143, 148 and 302 read with S.149 of the Indian Penal Code. For the offence under S.323, he was sentenced to rigorous imprisonment for one year. Six months rigorous imprisonment was awarded for the offence under S.143 and three years for the offence under S.148. For the offence punishable under S.302 read with S.149, life imprisonment was awarded. Fourth accused was convicted only for the offence under S.323 and sentenced to rigorous imprisonment for one year and a fine of Rs.1,000/-. Sixth accused was convicted for the offences punishable under S.143, 148 and 302 read with S.149. For the offence under S.143, be was awarded rigorous imprisonment for six months. Three years rigorous imprisonment was awarded for the offence under S.148. The sentence awarded for the offence punishable under S.302 read with S.149 was imprisonment for life. 13th accused was convicted for the offences punishable under S.143, 148 and 302 read with S.149. Rigorous imprisonment for six months, three months and imprisonment for life were awarded respectively for the offences. 18th accused was also convicted for the offences under S.143,148 and 302 read with S.149. Identical sentences were awarded for him also. Of these, the only person convicted and sentenced for the offence under S 341 was the first accused. 1 to 4 were convicted and sentenced for the offence under S.323. All the remaining accused were convicted and sentenced for the offences punishable under S.143, 148 and 302 read with S.149. Accused 2, 3. 6, 13 and 18 are the persons against whom imprisonment for life was awarded. The charge against them is that on 28-7-1982 at about 7.30 p. m. in the road at Chithali junction they formed themselves into an unlawful assembly, committed rioting, wrongfully restrained and assaulted deceased Chamunni and murdered him in furtherance of the common object of the unlawful assembly.

(2.) The accused are head-load workers stationed in Chithali junction. They belong to the C. I. T. U. affiliated to the Marxist Communist Party. Deceased Chamunni was also one among them till about seven months prior to the incident. All on a sudden he changed his political affinity and joined the Congress (I) Party. Since then the accused were enemical towards him. This is the motive alleged by the prosecution

(3.) On 28-7-1982 at about 7.30 p. m. deceased Chamunni along with Pw. 11 Thankappan and Cw. 16 Kunhamani came to Chithali junction. After purchasing beedi from the shop of Pw. 5, Sreedharan, they were standing in front of his shop and talking. By the time accused 1 to 3 came over there from a nearby barber shop. First accused told Chamunni that he wants to talk to him. So saying, he put a towel from behind on the neck of Chamunni and pulled him. Accused 2 and 3 kicked him from behind. Chamunni fell down. When attempted to get up he was again kicked by the first accused. There was a scuffle between the first accused and Chamunni. First accused fell beneath and Chamunni was above him. Fourth accused came, caught hold of Chamunni and tried to pick him up. In that attempt the first accused also got up and waived a book like weapon. In this action the thigh of fourth accused was injured. Chamunni was released. He pushed the 4th accused who fell down. Second and third accused beat Chamunni. When Pw. 11 asked them why they are assaulting an innocent person, the first accused warned him that if he values his life, be will have to leave the place immediately. Pw. 11 and his companion immediately left the place. When Chamunni attempted to escape from the scene, the 4th accused threw a stone at him. That hit the back of his neck and Chamunni fell down beneath a poola tree by the side of the Panchayat road. All the remaining accused who were engaged in loading tapioca in a nearby lorry rushed to the scene of occurrence on seeing this. They threw stones at Chamunni, hit him with stones and band and kicked him. After this, accused 1, 4, 9 and 11 left the scene by bus. Some others dragged Chamunni, who by that time became semi-conscious. He was put in the adjacent paddy field on the north. Pw. 1 went and reported the matter to Pw. 3, brother of Chamunni. Pw. 3 and others came. They took Chamunni from the paddy field. At that time the Sub Inspector, Pw. 14 came in a jeep Chamunni was removed to the Primary Health Centre. Coyalmannam. He was given medical aid. At 2 a.m. on 29-7-1982 he died. This in brief is the prosecution version of the incident.