PUTHENTHARA MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in Sessions Case No. 68 of 1986 on the file of the Court of Session, Alleppey, are the appellants. They were charge-sheeted for offence punishable under Sections 143, 147, 148, 149 and 302, I.P.C. A1 was found guilty under Sections 302, 143, 147, 323, 324 and 326 read with Section 149, I.P.C. and sentenced to undergo imprisonment for life under Section 302, rigorous imprisonment for 6 months under Section 143, rigorous imprisonment for one year under Section 147, rigorous imprisonment for 6 months under Section 323 read with Section 149, I.P.C. R.I. for 18 months under Section 324 read with Section 149, I.P.C., and R.I. for 3 years under Section 326 read with Section 149, I.P.C. Accused Nos. 2 and 3 were convicted and sentenced to undergo R.I. for 6 months under Section 143, R.I. for one year under Section 147, R.I. for 18 months under Section 148, R.I. for 3 years under Section 326, I.P.C., R.I. for 6 months under Section 323 read with Section 149, I.P.C. and R.I. for 18 months under Section 324 read with Section 149, I.P.C. Accused No. 4 was found guilty of offences under Sections 143, 147, 148, 324 and 323 and 326 read with Section 149, I.P.C. and sentenced to undergo R.I. for 6 months under Section 143, I.P.C., R.I. for one year under Section 147, I.P.C., R.I. for 18 months under Section 148, I.P.C., R.I. for 18 months under Section 324, I.P.C., R.I. for 6 months under Section 323 read with Section 149, I.P.C. and R.I. for 3 years under S.326 read with S.149, I.P.C. The 5th accused was found guilty of offences under Sections 143, 147, 148, 323 and 324 and 326 read with S.149, I.P.C. and sentenced to undergo R.I. for 6 months under S.143, I.P.C., R.I. for one year under S.147, I.P.C., R.I. for 18 months under S.148, I.P.C., R.I. for 6 months under S.323, I.P.C., R.I. for 18 months under S.324 read with S.149, and R.I. for 3 years under Section 326 read with Section 149 IPC. The sentences were ordered to run concurrently.

(2.) The prosecution case in brief is as follows : On 27-12-1985 at about 6 p.m. the accused formed themselves into an unlawful assembly with the common object of causing death of Vijayan, brother of PW. 1 Sahadevan, and committed the offence of rioting, armed with dangerous weapons like chopper, dagger, iron rod and wooden stick and all the accused attacked Vijayan while he was sitting in the pan-shop of PW. 10 on the southern side of the lane proceeding westwards from Kannadappan Kavala to Ponnamvely in Uzhuva Muri in Vayalar East Village. Vijayan jumped up from the platform of the shop and ran to the north. The second accused cut Vijayan with a chopper at the back of his head and also at two places on his forehead. The 3rd accused stabbed Vijayan with a dagger above his right hip and right shoulder. The 5th accused also beat Vijayan with a wooden stick on his left and right shoulder blades. Vijayan fell on the lane. Then the first accused beat Vijayan with a wooden stick on his head twice as a result of which Vijayan's cranium was broken and brain matter was exposed and Vijayan died instantaneously. The prosecution alleged that there was an altercation between Vijayan and the 2nd accused inside the toddy shop of PW. 5 and that formed the motive for the action of the accused against Vijayan. P.W. 1, the elder brother of Vijayan who saw the occurrence went near Vijayan and found him dead. He asked PW. 2 to guard the dead body of Vijayan and went to the Police Station at Sherthallai at about 8 p.m. and gave Ext. PI first information statement which was recorded by PW. 12 Head constable of that Police Station. He registered Crime No. 448 of 1985 under Sections, 143, 147, 148, 149 and 302 IPC against all the accused. PW. 13, C.I. of Police, Sherthallai conducted inquest on the dead body of Vijayan on the next day morning at the place of occurrence, prepared Ext. P5 inquest report and recovered MO. 6 shirt and MO. 7 underwear from the dead body of Vijayan from near the pan shop of PW. 10, MO. 9 thorthu and MO. 13 a pair of rubber chappals were also recovered. He also recovered from a place towards the north of the pan-shop a knife wrapped in a piece of paper. From the western side of the road running to Neelimangalam on the south, he recovered MO. 1 a wooden pole. PW. 13 collected some hair from the dead body. He also searched the house of accused 1 to 5 but no weapons could be recovered. PW. 11 conducted postmortem on the dead body of Vijayan and issued Ext. P11 postmortem certificate.

(3.) Accused 1, 2, 4 and 5 were arrested in the mid-night between 3-1-1986 and 4-1-1986 and on the basis of the information furnished by accused 2, 4 and 5, MO. 2 chopper, MO. 3 iron rod and a baton were recovered. The 3rd accused was arrested at 5 a.m. on 6-1-1986. On the basis of the information furnished by him, a dagger was also recovered on the same day. The material objects in the case were sent for chemical analysis to the Forensic Science Laboratory, Trivandrum. Ext. P15 is the report of the Analyst. After completing the investigation PW. 13 laid charge against the accused before the Judicial Magistrate of the IInd Class at Sherthallai, who committed the accused to stand trial before the Court of Session, Alleppey.