GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this appeal filed from jail Gopalan, 22, and krishnan Chettiar, 47, who are respectively accused 1 and 3 before the trial court, challenge their convictions and sentences passed by the Asst. Sessions judge, Kottayam. There were altogether 6 accused including the appellants before the trial court and of them, the 6th accused was absconding, the remaining five accused were tried for offences punishable under S. 47, 395 and 402 of the Indian Penal Code and on conclusion of the trial accused 2, 4 and 5 were acquitted of all the charges, but accused I and 3 were convicted under ss. 457, 395 and 402 IPC. The first accused was sentenced to suffer rigorous imprisonment for 4 years under S. 395 IPC. and rigorous imprisonment for one year under S. 457 IPC. ; while the third accused against whom a previous conviction also had been proved, was sentenced to undergo rigorous imprisonment for 7 years under S 396 and rigorous imprisonment for 2 years under S. 457 IPC. Both the accused, although convicted under S 402 IPC. , were not given any separate sentence. The sentences passed against them were directed to run consecutively.

(2.) THE occurrence in this case took place in a hilly area in High Ranges within the limits of Kattappana police Station and was at about 2 O' Clock in the night of February 20, 1975. (2 A M. on 212 1975 ). Thomas (Pw. 1) and his wife Claramma (Pw. 2) were residing at Cherukunnel house along with the mother of Pw. 2 in Kalkoonthal Village . On the night of occurrence, on hearing a sound of somebody knocking at the door, the mother of Pw. 2 woke up and called out pws. 1 and 2 who were sleeping in the neighbouring room. Pw. 1 then lighted up the kerosene lamp and opened the front door of the room where he was sleeping with bis wife Pw 2. The first accused was then seen on the verandah of the house and he on the pretext that he wanted to know the location of the bouse of one Kunjattan, a relation of Pw. 1, made enquires about the location of that house. When Pw. l gave details of the location of the house the first accused instead of leaving the house, came towards the door flashing his electric torch. This aroused suspicion in the mind of Pw. 1 and he suddenly withdrew into the room and attempted to close the door from inside helped by pw. 2. But the first accused forcibly pushed open the door and got into the room One of the accused was having a chopper and another a Malappuram knife. One of the accused (2nd accused) showed a knife against Pw. l and intimidated him that if he made any noise he would be done away with. Another accused (1st accused) with a similar knife pointing at the neck of P W. 2 similarly threatened her. The third accused who was a stout black figure caught hold of p. W. 1 by hand and brought him to the verandah where he was wrongfully restrained by him. Another accused (4th accused) intimidated the mother of P. W. 2 when she cried aloud. In the meanwhile the first accused forcibly snatched away a gold chain which P. W. 2 was wearing on her neck. At this time on seeing a light coming towards the house, one of the accused who was in the courtyard gave a signal that somebody was approaching and thereupon all the accused ran away from the house. Four of the accused were having black masks over their faces. The next day morning P. W. 1 laid the first information statement (Ext. P1) before the Sub Inspector of Police, Idikki, who registered a case on that basis and the same was transferred to Kattappana Police Station within the limits of which the incident took place. P. W. 5, Sub Inspector of Police, kattappana, registered a case and investigated into the case. The Circle inspector of Police (P, W. 6) verified the investigation. P. W. 4 arrested the accused except the 6th accused, who was absconding, from near the H. C. C. Colony. This, in brief, is the prosecution case.

(3.) P . Ws. 1 and 2 are the only eye-witnesses to the occurrence. P. W. 3 was present while accused 1 to 5 were arrested and also at the time of recovery of certain articles. P. Ws. 4, 5 and 6 are Police officers.