APPU Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 233 of 1986 is filed by accused Nos. 1 to 5 in Sessions Case No. 44 of 1985 on the file of the Additional Sessions Court, Trichur. Along with three others they were tried by the Sessions Court for having caused death of one Satheesan. These accused were found guilty of offences punishable under S.143, 148 and 341 and S.302 read with S.149 I.P.C. and sentenced to undergo imprisonment for life under S.302 I.P.C. However, no separate sentence was awarded for the offences punishable under S.143, 148 and 341 I.P.C.

(2.) Criminal appeal No. 363 of 1986 is filed by the State for enhancement of the sentence imposed on the accused alleging that the sentence of imprisonment for life under S.302 I.P.C. is grossly inadequate.

(3.) Deceased Satheesan aged 27 years was a 'karyavahak' of R. S. S. of Kodungallur Taluk. He was employed in the Union Bank of India at its Kodungallur branch. A few days prior to the occurrence in this case, one V. K. Gopalan belonging to the Marxist party was done away with by some people allegedly belonging to R. S. S. The local members of the Marxist party believed that deceased Satheesan had a hand in the murder of V. K. Gopalan and according to the prosecution, the accused, who are workers of the Marxist party hatched a conspiracy to commit the murder of Satheesan in order to avenge the death of their leaded Gopalan. On the fateful day Satheesan left the office of the Union Bank in the evening and was proceeding in a cycle towards north along the National Highway. As he reached a place where a pocket road leads to Padakulam, Satheesan turned his cycle towards that road. The first accused was wailing under a banian tree on the eastern side of the National Highway a few feet away from the junction. On seeing deceased Satheesan first accused rushed towards him and grabbed him by his neck. Satheesan sensed danger and got down from the cycle. Then all on a sudden accused 2 to 5 surrounded Satheesan. They were all armed with weapons. The third accused stabbed Satheesan on his back. On sustaining injury deceased slowly took a few steps and reached the eastern side of the National Highway and held on to the gate of Devaswom building. All the accused pursued Satheesan and stabbed him incessantly. Satheesan lay dead on the road. All the five accused persons ran towards north. One knife was left in the body of Satheesan. Four accused persons took the daggers with them. The neighbouring shop owners and others gathered at the scene of occurrence.