DASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The five appellants were convicted by the Sessions Judge, Trichur for offences punishable under S.143, 147, 148 and 302 read with S.149 of the Indian Penal Code and each of them was sentenced to be hanged by their neck till death for the offence under S.302 read with S.149 IPC without awarding any separate sentence for the other offences. The proceedings are submitted for confirmation of the death sentence under S.366 of the Code of Criminal Procedure.

(2.) The prosecution case is that on account of political enmity they formed themselves into an unlawful assembly at about 9.30 a.m. on 24-3-1984 in the Onaparambu bus stop, the common object being to murder Gopalan, President of the Perinjanam Panchayat, committed rioting armed with M.Os. 1 to 5 daggers and stabbed him to death while he was standing in the bus stop. Deceased was a local leader of the Marxist Communist P y and as its representative he was the local Panchayat President. The appellants are prominent workers of the R.S.S. in the locality. The occasional clash between the two organisations and the consequent enmity is alleged to be the motive.

(3.) Though Gopalan was taken in a car first to the Kuttilakkad Govt. Hospital, the Doctor saw him in the car itself and directed him to be taken to the Cranganore Govt. Hospital since his condition was serious. On reaching the Hospital at Cranganore another Doctor examined and declared him dead. Both these doctors were not examined. Shortly thereafter Pw.l gave Ext. P1 first information statement which was recorded by pw. 15 Sub Inspector in the hospital at 10.45a.m. The case was registered by him. pw.16 Circle Inspector who conducted investigation prepared the inquest report. Ext. P3 Ext. P7 is the post mortem certificate prepared by pw. 12.