IN RE: K. VADIETU AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE Appellants 1 to 13 who were arrayed as accused 1 to 13 before the trial court have preferred this criminal appeal against the judgment of the court of Sessions, West Tanjor Division, Tanjore in S.C. 4 of 1974 on his file convicting all the Appellants under various charges and sentencing them to varying terms of imprisonments thereunder. For the sake of convenience the Appellants have been referred to as accused in the order as mentioned in the judgment of the trial court. A -3 and A -7 were charged under Section 148 I.P.C. under charge No. 1; A -l to A -4, A -6, A -8 to A -13 under Section 147, I.P.C. under charge No. 2; A -l under Section 302 I.P.C. under charge No. 3; A -2 under Section 302 read with Section 34 I P.C. under charge No. 4; A -5 under Section 326, I P.C. under charge No. 5; and A.4 and A -6 under S. 325, I.P C. under Charge No. 6, A -1 to A -3. A -7 to A -13 under Section 326 read with S. 149, I P.C. under Charge No. 7; A -3 under Section 323,I.P C. under charge No. 8; A -7 under Section 324, I.P.C, under charge No. 9: A -6 under Section 323 I P.C,, under charge No. 10: A -1 under Section 323 I.P. C. under charge No. 11: A -8 to A -10 under Section 323 I.P C. under charge No. 12: A -ll under Section 323, I P C. under charge No. 13: and A -12 and A -13 under Section 323 I.P.C., under charge 14. The learned Judge while convicting them convicted A -1 under charge Nos - 2, 3, and 11 and sentenced him to undergo rigorous imprisonment for six months under Section 147 I.P.C, under charge No. 2 and rigorous imprisonment for five years under Section 304, Part II I P.C, (not under Section 302 I P.C.) under charge No. 3, and no separate sentence was awarded under S. 323 I.P.C under charge No. 11. A -2 was convicted under charge Nos. 2 and 4 (under S. 325 I.P.C but not under Section 302 read with Section 34 I.P.C.) and sentenced to undergo rigorous imprisonment for six months and one year respectively. A -3 was convicted under charge Nos. 2 and 8 and sentenced to undergo rigorous imprisonment for six months on each count. A -4 was convicted under charge Nos. 2 and 6 and sentenced to undergo rigorous imprisonment for six months on each count. A. 5 was convicted under charge Nos. 1 and 5 (under Section 324 I.P.C. and not under Section 326 I.P.C.) and sentenced to undergo rigorous imprisonment for two years under charge No. 1 and no separate sentence was awarded under charge No. 5. A -6 was convicted under charge No. 2 and released on admonition under Section 3 of the Probation of Offenders Act, but she was acquitted under charge Nos. 6 and 10. A -7 was convicted tinder Charge Nos. 1 and 9 and sentenced to undergo rigorous imprisonment for two years under charge No. 1 and no separate sentence was awarded under charge No. 8. A -8 to A -13 were convicted under charge No. 2 and sentenced to pay a fine of Rs. 100 each but no separate sentence was awarded under charge Nop. 12,13 and 14. It is also directed by the trial court that the order of sentence passed against each of the accused shall run concurrently and out of the fine, if collected, a sum of Rs. 300 will be paid to P.W. 1 and P -W. 5.

(2.) THE indictment against all these Appellants is as follows. All the 13 accused and the prosecution party belong to Harijan community and they are all closely related Inter se. There is Kaliyamman temple in the Harijan street for which the Harijan residents of the village used to collect funds and mike contributions now and then. P.W.3 Perumal was nominated as 'Kanakkupillai' for the purpose of collections and he used to entrust the collections with A -ll (a street nattanmai) A -l, A -2 and A -8. A sum of Rs. 230 was thus entrusted with these four persons for purpose of conducting festival to the said temple.P. Ws. 1 and 3 who were brothers did not like the idea of collections lying in individual hands and therefore on the last Tamil new year day, P.W.3 demanded that the collections deposited with accused 1, 2 and other should be deposited in a bank. Obviously, the accused did not relish that idea. But they kept quit. When they were pressed they gave evasive replies and did not agree to the idea of depositing the amount in the bank. This culminated into two groups among Harijans of that locality and that bitterness arising between these two groups gained momentum day by day.

(3.) AT about 8 -30 p.m. on the day there was a connotation in front of the house of P.W. 1. P.W. 3 on hearing the noise came out of the house and went to P.W. l's hut where he found all the 13 accused, excepting A -6, of whom A -3 and A -7 had an aruval each in their hands while the other accused excepting A -2 and A -6 had sticks. The 4th accused first beat P.W. 1 with stick, while the 5th accused out him on his head with the aruval. When P.W. 3 interfered the third accused beat him with stick on both his hands, while 7th accused gave a cut on his head with the aruval. P.W 4 the eldest brother of P. Ws.1 and 3 on hearing the alarm came running and the accused 8, 9 and 10 beat him with stick all over his body. At that time, A -6 was standing a little bit away and was pelting stones on P. Ws. 1 and 3 and injured them. At this juncture, the deceased Kalimuthu aged about 17 the son of P.W. 1 came running to the scene crying and shouting. The first accused gave beatings to the deceased with stick on his had, belly and buttocks. The second accused pushed the deceased down to the ground and when he fell down the second accused kicked him on his abdomen and on his private parts as a result of which Kalimuthu died on the spot within a short time.