SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos. 1 to 3 in Sessions Case No. 47 of 1985 on the file of the Additional Sessions Court, Trichur, are the appellants in this Criminal Appeal.

(2.) The appellants along with seven others were charge-sheeted for offence punishable under Sections 143, 147, 148, 302, 341, 506 Part II and 201 read Section 149 of Indian Penal Code. Accused Nos. 4 to 7 were acquitted of all offence. The appellants who are accused Nos. 1 to 3 were convicted for offence punishable under Section, 302 of the Indian Penal Code read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and were acquitted of all other offences.

(3.) Deceased Shaju alias Tony, brother of P.W. 1 Nixon was loading and unloading worker at Velungamuri and Nalukettu and the leader of the Union affiliated to INTUC (1). The appellants belonged to rival Union affiliated to CITU and the 3rd appellant was its leader. Corborandum Universal Company was constructing buildings at Nalukettu with a view to start their branch there. Deceased Shaju and the accused were engaged in the work of loading and unloading materials for the construction of the building at the site. There were disputed regarding loading and unloading between the CITU and INTUC workers. On this score the appellants entertained grudge against the deceased Shaju who was leader of the rival Union- On 27/8/1984 at 7.45 and 8 p. m. a lorry KLP. 5227 named Ananden came loaded with granite metal. When it reached Valungamuri it was stopped by the appellants (A.3 to A.6) and they got into the rear side of the lorry. When the lorry was about to proceed, the 5th accused called out. the decesed Shaju and Shaju also got into the cabin of the lorry and the lorry proceeded to the Corborandum Universal Company. The lorry was driven by its owner Sivarajan. P.W. 2 Babu the cleaner of the lorry and P.W. 3 Mohanan who was the contractor were also present in the cabin. When the lorry reached the company premises it was stopped by P.W. 9 Davis the night watchman of the company. He objected to the unloading of the metal since it was not the practice to allow materials to be unloaded after 6 p.m. P.W. 3 told P.W. 9 that he had arranged with the Engineer to unload the metal at the site of the pump house and that he had to bring the concrete mixture machine after the lorry was unloaded. Despite the objection the lorry proceeded to the pump house site. On the way there is a turning known as Kanakkan valavu where there is a panchayat well and a tea shop and at that point the 2nd accused Thomas got into the lorry and joined the company of A3 to A6. The lorry proceeded further. 1st accused was seen coming from his house and the lorry was slowed down, but the 1st accused did not get into the lorry. The lorry reached the pump house site and it was parked facing west with parking lights on. There was a heap of sand near the place where the lorry was parked. The sideboard of the lorry was unfastened to unload the metal. P.W. 2 Babu, P.W. 3 Mohanan. deceased Shaju and Sivarajan sat on the sand. By the time A2 To A6 along with Al Sasi returned with spades in their hands. libey began to unload the metal. Suddenly a sound like cracking of a stick was heard from behind. They saw in the parking light of the lorry and the torch light lit by A4 Revi. A.1 beating on the head of deceased Shaju with Spade. Appellants 2 and 3 also beat on the head of shaju with spedes in their hands. P.W. 2 Babu asked the appellants not to kill Shaju. Accused Nos. 4 to 6 who were in the lorry came down. Sivarajan ran away from the site. Accused took P.W. 2 and 3 near the lorry and warned them that if they spoke anything about what transpired, they would be met with the same fate as of Shaju. Thereafter the remaining metal was unloaded. When P.W. 2 was about to start the lorry appellants Nos. 2 and 3 came and told P.Ws. 2 and 3 to inform the driver that he would be met with such fate if he divulged anything about the incident. P.Ws: 2 and 3 came out of the compound in lorry and they saw Sivarajan on the way. They picked him up and told him what the accused had told them. P.W. 3 got down near his house at Thirumudikunnu near Kohatty. P.W. 2 took the lorry and left it at Sivarajans house and went home.