GOVINDAN KRISHNAN Vs. SIRKAR PROSECUTOR

JUDGEMENT

(1.) THE accused twenty two in number were charged before the Sessions Court, Quilon, with the offence of rioting armed with deadly weapons, for haying caused the death of two persona Mahamad Sha and Alim Khan and for having attempted to cause the death of one Azim Khan (P. W. 6) in furtherance of their common object. Charges were laid against each for the offences punishable under asection 140, 801 and 307, Travancore Penal Code. Excepting accused 1 and 12 who have been acquitted, the others have been convicted and sentenced a3 follows, Accused 2 to 11 and 18 to 22 have been convicted for the offence of murder and in respect of the conviction for each of the two murders committed by them they have each been sentenced to undergo rigorous imprisonment for life. They have also been convicted Under Section 140, Penal Code, and they have each been sentenced to undergo rigorous imprisonment for one year. Accused 2 to 10 and 17 and as have been found guilty Under Section 307, Penal Cods and they have each been sentenced to undergo rigorous imprisonment for three -years. The sentences are to run concurrently. Criminal Appeals 5 to 24 have been filed in their order by accused 2 to 11 and 13 to 24 and the sentence of imprisonment for life awarded to each of them has been submitted to this Court for confirmation in Referred Trial No. 7 of 1121. The acquittal of accused 1 and 12 is assailed in appeal by the Sirkar in Criminal Appeals 52 and 53 of 1124.

(2.) MAHAMAD Shah, Alikhan and Azim Khan are three of the Panjabi Mussalmans who were at the time of the occurrence emplayed as watchers in the Skinner puram Estate situated near the Kalanjoor junction near about the 23rd mile-atone on the road from Kayenkulam to Funalur. They were there for about two years before the occurrence and their main task was to prevent theft of cocoanuts, arecanuts and other crops from the several portions of the extensive area of land which comprised the estate. Among those who were in the habit of committing such thefts were the labourers emplayed in the estate and also the poor folk who lived in the neighbourhood. The posting of these Mussalmans as watchers was therefore resented by the labourers. There was a Labour Union formed under the president ship of accused 1 who was formerly a Kankani in the estate, to represent the cause of labour in the locality. The Union had its office at the Elamannoor Market at the Kalanjoor junction, Accused 3 and 3 were the secretaries of the Union, On the part of the labour in the estate there was a demand for higher wages and increased supply of rice and there were attempts to organise strikes to force the management of the estate to accede to their demands. Several meetings were held under the auspices of the labour union and on 9-4-1123, there was a procession composed also of such of the labourers that struck work and they wanted to enter the estate and persuade the labourers inside the estate to join them. The management had instructed the Musalman watchers to be careful, not admit any of the demonstrators inside the estate and they were found equal to their task, Not one of those who composed the procession was allowed to enter the gates of the estate. This also bad enraged the agitators against the watchers, and as they were being retained in service in spite of resolutions passed at the meetings of labourers that they should be dismissed, it was alleged by the prosecution that accused 8 to 6,10 to 12 and 21 assembled in the tea shop of accused 11 at the Kalanjoor junction on the morning of 2. 5-1123, for the purpose of forming a plan to murder them. Before taking a final decision they wanted to consult accused l, the president of the labour union. He came to the place a little later and with his approval they decided to do away with the Mussalman watchers that evening itself when they as usual would come to the tea shop of P. W. 1 at the same Kalanjoor junction. Accused 1 left for A door by a bus immediately afterwards and the others made preparations by collecting sticks and other weapons for the attack that was contemplated against the watchers. The accused and certain others numbering in all about a hundred collected at the junction armed with sticks and choppers at about 4-30 p. m. on 2-5-1123, Mahammad Shah, Ali Khan and Azim Khan came to the tea shop of P. W. 1 to drink their evening tea as usual and when they were returning to the estate after tea, the accused and their companions followed them and fell upon them on the road near the 23rd mile-stone, Accused 8 beat Mahammad Shah on his head with a stick and asked the others to beat Ali Khan and Azim Khan. Accused 4 beat Ali Khan on his head with a stick. This was followed by a severe and indiscriminate beating of these two persons by accused 2 to 22 and others in their company and they fell down on the road side near to the 23rd mile-stone. The crowd then attacked Azim Khan P. W. 6 beating him with sticks and he struck back with a stout cane that was in his hand. One Kunjan in the company of the accused caught hold of P. W. 1 in a tight grip round his waist and P. W. 5 then took out a knife and stabbed Kunjan on his abdomen. An. other person Vasu then beat P. W. 5 on his arm causing the knife in his hand to fall down, When the knife dropped from his hand, P. W. 5 considered it dangerous to fight against a crowd of men armed with sticks and he ran southwards in the direction on the estate. Accused 2 to 10 pursued him and when P, W. 5 ran to a distance of about a furlong, accused 2 threw a chopper at him which missed its aim and fell on the road, When p, W. B tried to pick it up, the pursuers were able to surround him and prevent him from running any further. Accused 2 caught hold of him from behind and held him as that the other accused were able to beat him rather brutally. But P. W. 5 managed to out accused 2 with the chopper that he picked up from the road, P. W. it was beaten even after he fell down and believing that he was dead, accused 2 to 10 returned to the place where Mahammad Shah and Ali Khan were lying injured. These accused and others then struck them again with their sticks. Kunjan lay at the scene fatally injured. Accused 12 bandaged his wounds and removed him to the Kalanjoor road about 20 feet east of the junction where he died soon afterwards. Accused 1 arrived at the scene just at this time in a bus coming from Adoor and when he alighted from the bus, he was told by accused IS that one of their men, Kunjan was killed. To the question from him where the Punjabi Mussalmans were, accused 1 was told that they were lying nearby injured. He then asked the accused not to leave them alive. The accused therefore beat them again until they were dead. P. W. 5 was able to find his way to the estate with the help of P. W. 2 after the accused had left him taking him to be dead. This in brief is the case put forward by the prosecution,

(3.) THE earliest information about the occurrence was given to the police by Vasu who was injured in the course of the riot. He was taken in a cart to the Police Station at 8-30 p. m. on 2-5-1123 and there he gave the statement; marked as Ex. A. H. In it be said that the four Punjabi watchers along with 50 other employees in the Bkinnerpuram Estate went to the Kalanjoor junction accompanied by P. W. 34 the Superintendent of the Estate and threw stones at a ration shop owned by one Narayanan. Those who were responsible for the management of the estate had reason to be inimical towards Narayanan as he had supplied tapipoa to the coolies of the estate who were dismissed from service on account of their association with agitators against the management. Vasu tried to prevent the throwing of stones and he was stabbed with a dagger by a Punjabi watcher. Seeing that Vasu was stabbed, accused 2 came up and he was stabbed on his back, shoulder and head by another of the watchers. One Kunjan came there next and he was stabbed by one of the Punjabis and Kunjan died as a result of the injuries sustained by him. A statement Ex, AG in almost the same terms was given by the 2nd accused at 9 P. M, the same night. The 17th accused had also sustained an injury on bis head and a statement of his Ex. AS was recorded at 10 A- H. on 8- 6-1123. The injured persons Vasu and accused a were sent to the hospital at Adoor. But as the condition of Vasu was serious, he was sent for treatment to the District Hospital, Mavelikara where he died on the next day as a result of the injuries sustained by him.