GOPINATHAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) A boy teased a girl, the elders on both sides fell out; days later, a violent confrontation occurred and a macabre scene in which four human beings lost their lives was the tragic finale. The police registered cases, took the accused into custody, collected evidence and are about to lay their charge sheet into Court. Out of the total lives lost, only one died from the accuseds' group and three were from the opposite side. The petitioners before me are the five accused who failed to get bail before the Sessions Court and seek to be enlarged on bail by the High Court.

(2.) The facts relevant to the present proceedings may now be briefly stated. A general conspectus with an eye on the broad circumstances, and not a meticulous study of the evidence with a view to determine the guilt, concerns the Court at the stage of deciding whether pretrial detention should be enforced on persons accused of offences. Therefore, I am not going into the details of the materials collected at the present stage although I have posted myself with the materials gathered during investigation as disclosed in the case diary and stated at the bar. Nor do I propose to dwell at length on the merits of the case as that may prejudice the trial of the case.

(3.) The venue of the bloody encounter is the M. C. road, about 5 kilometres from Kottarakkara town, and the time of the fight is around 3. 45 p. m. on 31-8-1969. The background needs brief mention to understand the motivation and other aspects of the actual criminal occurrence. On 18-8-1969 a student, Mohana Kumari, (grand niece of one Krishna Pillai who was among those who lost their lives in the incident) travelled in a bus on her way back home along with another student Thankachan, son of one Yohannan (another gentleman who lost his life during the incident). The boy offered amatory insult to the girl who reported the matter to Krishna Pillai, apparently an important gentleman of the locality and an ex President of the Panchayat: Mr. Krishna Pillai, it is stated, informed Yohannan and his son, Thankachan, that they should tender apologies so as to make amends for the injury. The boy did apologise, but his father did not. Trouble was, therefore, brewing and on 31-8-1969, the fateful day, some of the accused went over to the office of Yohannan, who is an agent of the Malayala Manorama at Injakkadu, and picked up a verbal quarrel, the intimidatory consequence being that Yohannan had to take shelter in the house of a driver called Thankachan. Even near Thankachan's house there was a hot passage of words but the interference and pacification by well meaning people prevented a violent flare up. The accused 1 to 3 went away and Yohannan also returned to his house. Altered about the incident, his relations and supporters, about 9 in number, moved to his house in a bullock cart, conferred there, banded themselves together and shouted their way along the M. C. road. Krishna Pillai, the deceased, was sitting in a shop by the road side and when he saw this animated collection of people he asked them to go away. The mood of the men was such that angry exchange of words ensued. Krishna Pillai asked them to leave the place, presumably in a tone of authority, but undoubtedly with the pacific intent of avoiding untoward incidents. Indeed, Krishna Pillai followed them for some distance and pushed Yohannan with his hand, asking his group to quit. By then, the situation hotted up, and Yohannan responded to the push by inflicting two cuts on Krishna Pillai at fatal spots with a chopper drawn from his waist. The injured fell dead. This sparked off a violent conflict because the accused, who were around the place, rushed towards Yohannan and party and then ensued a scene where knives, sword sticks and choppers and belt were used resulting in four deaths and many injured. It is stated that when Krishna Pillai pushed Yohannan, the latter stabbed and killed the former. Yohannan did not stop with this, but attacked the 2nd accused, whereupon the third accused with the handle of a spade, struck the chopper down from the hand of Yohannan and seized it from the ground. The narration proceeds to state that the 1st accused beat Yohannan with a web belt and the 2nd accused stabbed him. The further course of the occurrence led to George, of the Yohannan group, being stabbed by the 2nd accused with a dagger and John of the same party being daggered by the 1st accused. Yohannan also had inflicted a dagger wound on the 1st accused. As a result of these incised wounds. John eventually died and the 1st accused and George sustained serious injuries. Another part of the occurrence deserves special mention. One Kunju Kunju, a figure in Yohannan's faction, was given a beating by the 5th accused with a belt. The 3rd and the 4th accused ran after him, the latter gave him a cut with a sword stick and the former chased him into the adjacent field and gave him a cut on the head. Kunju Kunju succumbed to his injuries.