IN RE: RAVI AND OTHERS Vs. STATE

JUDGEMENT

(1.) Eight persons, among whom accused 1 to 7 are the appellants, were tried by the Sessions Judge of Kanyakumari Division at Nagercoil, in Sessions Case No. 42 of 1974 for various charges, viz., Ss. 147, 148, 323, 302, 323 read with Ss. 149 and 302 read with S. 149, I.P.C. The prosecution ease against the accused was that at about 7-30 A.M. on 19th May 1974 at Parvathipuram near Nagercoil, the accused persons formed themselves into an unlawful assembly and in prosecution of the common object of such assembly they caused hurt to P.W. 1 Soman and P.W. 2 Bhaskaran and also caused the death of Velappan, the father of P.Ws. 1 & 2, by the fast accused stabbing him with a pen-knife. The Sessions Judge acquitted the eighth accused of all the charges. He convicted the first accused under S. 302 and the sixth and seventh accused under S. 302 read with S.34, I.P.C. and sentenced them to undergo imprisonment for life. In addition, he convicted the first accused under S. 148, I.P.C. and accused 2 to 7 under S.147, I.P.C. While the second and fifth accused were convicted for the substantive offence under S. 323, I.P.C. accused 1, 3, 4, 6 and 7 were convicted for the substantive offence under S. 323 read with S. 149, I.P.C. For the conviction under S. 148, I.P.C. the first accused has been sentenced to undergo rigorous imprisonment for two years and for the conviction under S. 147, I.P.C. the other convicted accused have been sentenced to undergo rigorous imprisonment for one year. For the conviction under S. 323 as well as under S. 323 read with S. 149, I.P.C., a sentence of rigorous imprisonment for six months has been awarded to accused 1 to 7. The several sentences awarded to the accused persons have been directed to run concurrently. Accused 1 to 7 have preferred this appeal to assail the convictions and sentences.

(2.) The occurrence which led to the police filing a charge-sheet against the eighth accused persons took place at about 7-30 A.M., on 19th May, 1974. P.W. 1, Soman, who is a taxi driver, was going along the Trivandrum Road at Parvatipuram and while he was near a flag-post accused 2 to 4 and 8 came and surrounded him. While accused 2 and 4 were armed with sticks, the third accused was armed with a wire (M.O. 2) and the eighth accused was armed with a belt. They began attacking P.W.1 indiscriminately. At that time, P.W.1's brother (P.W. 2) Bhaskaran and his father (deceased Velappan) were proceeding to a channel near the scene of occurrence for their morning ablutions. One Subbian informed them that accused 2 to 4 and 8 had surrounded P.W. 1 and were beating him. On hearing that news, P.W. 2 and Velappan ran to the scene of occurrence and on reaching the place, P.W. 2 questioned the assailants as to why they were beating his brother. At about that time accused 1 and 5 to 7 came running to the scene of occurrence and among them, the fifth accused was having a stick. The fifth accused began beating P.W.2 with the stick he was having all over his body. At that stage, the sixth accused shouted to the first accused that deceased Velappan should not be left alive and so saying, he caught hold of Velappan's right hand. The seventh accused followed suit and caught hold of Vellappan's left, hand. The first accused then whipped out a pen knife (M.O. 3) from, his waist and after unfolding it inflicted a stab on the abdomen of Velappan, remarking that he himself would do away with him. On account of the stab, Velappan's intestines came out and at once the sixth and seventh accused let go their hold on Velappan's hands, Velappan pressed his stomach with his hands and bent down and at that time the first accused inflicted two more stabs on his back. Enraged by the attack on his father, P.W. 1 snatched the stick of the second accused and gave some blows to the third and fourth accused who were near him. P.W. 3 Narayanan Asari, P.W. 4 Thangadurai and P.W. 5 Krishnan happened to be present at the scene and they witnessed the entire occurrence. Seeing the ugly turn the occurrence was taking, they rushed to the aid of Velappan and his sons and on seeing that, these appellants and eighth accused ran away from the scene carrying their weapons with them.

(3.) P.Ws. 1 and 2 and their mother rushed Velappan to the Government Hospital at Negercoil by a taxi. Velappan was admitted in the hospital by P.W. 10, Dr. Sukumar. His condition required surgical treatment and that was rendered by P.W. 11, Dr. Ramamoorthy. Velappan had sustained three injuries as described below: