CHANDRAHASAN Vs. STATE

JUDGEMENT

(1.) The reference R.T. No. 1/96 and C.A. 128/96 arise from the conviction and sentences imposed by the learned Sessions Judge, Kanyakumari at Nagercoil in S.C. No. 89/91 for the offences under Sections 418, 302, 302 read with 149 and Section 3 of the Explosive Substances Act.

(2.) The learned Sessions Judge, convicted the appellants viz. the appellants 1 to 5 each under Section 148, I.P.C. and sentenced to undergo R.I. for two years, and to pay a fine of Rs. 5,000/- in default to undergo R.I. for 6 months, appellants 3 to 5 each under Section 302 (2 counts) I.P.C. and sentenced to undergo life imprisonment and also to pay a fine of Rs. 10,000/- in default to undergo R.I. for 18 months on each count 2nd appellant under Section 302, IPC, and sentenced to death and also to pay a fine of Rs. 15,000/- in default to undergo 18 months R.I. subject to the confirmation of the High Court, appellants 1 and 2 each under Section 3 of the Explosive Substances Act and sentenced to undergo 6 months R.I. and to pay a fine of Rs. 10,000/- in default to undergo 3 months R.I., 1st appellant under Section 302 read with 149 (3 counts) IPC, and sentenced to imprisonment for life and to pay a fine of Rs. 10,000/- in default to undergo R.I. for 18 months, for each count 2nd, appellant under Section 302 read with 149 (2 counts) I.P.C., and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- in default to undergo R.I. for 18 months for each count and appellants 3 to 5 each under Section 302 read with 149, I.P.C. and sentenced each of them to undergo imprisonment for life and also to pay a fine of Rs. 10,000/- in default to undergo R.I. for 18 months, with a direction for the sentences to run concurrently. The learned Sessions Judge fixed a compensation of 25% payable to the legal heirs of each of the three carnage victims from out of the fine amount.

(3.) The brief facts as spoken by the witnesses examined on the prosecution side are as follows :-The appellants and the three deceased were residents of Karkadu village within the police limits of Suseendiram in Kanyakumari District. They belonged to Hindu Sambavar Community, and the first deceased Sornappan was acting as the President of this community till the time of his death. The community President used to collect a subscription from the community men, for the purpose of celebrating the temple festival and also for the common expenditure in the village. These appellants who are the sons of one Arulanandham, were not paying the subscription. Two years before this occurrence, which took place on 7-10-1989 the said Arulanandham died and the first deceased Sornappan refused to allow the said Arulanandham being cremated in the cremation ground for the reason that his family had refused to pay the subscription to the community association. But the appellants some how, got the permission of the President Sornappan to cremate the body, on the assurance that they would pay the subscription after the cremation was over. But, contrary to their promise, subsequently also they failed to pay the subscription. The 4th appellant/4th accused requested the President Sornappan to issue a community certificate for which the President refused to issue. Therefore, they had grievance against the first deceased Sornappan. Because of the affront attitude of the appellants to pay the subscription for the welfare of the community on 19-6-1988, a meeting was convened under the Presidentship of Sornappan and these appellants were outcasted from participating any of the affairs of their community in Karkadu village, Exhibit P11 is the resolution passed by them. Therefore, there was enmity between these appellants and the first deceased Sornappan.