PARAMBAN MAMMADU Vs. KING

JUDGEMENT

(1.) The four appellants and three others who were acquitted by the lower Court were charged by the Sessions Judge of South Malabar under Section 120-B read with Section 302, Indian Indian Penal Code, of conspiring with P.W. 10 to commit the murder of one Ramasimhan. There was also a charge under sectioii 148 of being armed with dangerous weapons and rioting. They were further charged under four separate counts for the murder of the said Ramasimhan, his brother Narasimhan, the wife of Narasimhan, and one Raju Iyer, a Brahmin cook of Ramasimhan. These four persons will be referred to during the course of the judgment as deceased Nos. 1 to 4 respectively. The learned Judge found the first accused only guilty of conspiracy and the four appellants guilty under Secs.147 and 34, read with Section 302, Indian Penal Code, on all the four counts. He sentenced the four appellants to death and, as already stated, acquitted the other three.

(2.) The motive for the offence is said to have been the enmity borne by the Moplah community in general and the seven accused and P.W. 10 in particular against Ramasimlhan and his brother, the second deceased because they had renounced Islam and allowed themselves to be converted to Hinduism. Narasimhan had subsequently been elevated to Nambudiri rank and had been accepted by the Nambudiri community as one of their number; and to him in marriage was given the daughter of P.W. 26, a girl of 15 years of age, who was with her husband at the time of the murder and shared his fate. After the first deceased had been converted from Islam to Hinduism, he diverted the large sums of money that he was accustomed to contribute to Muslim charities and spent them on Hindu charities. In particular, he renovated a Hindu temple in the vicinity and was responsible for restoring regular worship there. He began a diligent study of the Hindu scriptures and was studying the Bhagavad Gita, and had perpetually with him P.W. 25, a Nambudiri, to teach mantrams to the second deceased. He had moreover sent his two sons to Delhi to be instructed and brought up in the Hindu religion. All this, the prosecution say, gave rise to a great deal of enmity against him among Muslims; and specific instances have been spoken to in the evidence in which Muslims were heard denouncing very severely the first deceased and even threatening his life.

(3.) Exhibit P-60 gives an accurate idea of the bungalow of Ramasimhan, by name " Malaramba Bungalow ". The main entrance to the bungalow was on the eastern side. To enter the house one has to pass through a door situate on the eastern side of a porch, which is the entrance to the bungalow. Just inside that door were lying the first deceased and P.W. 24, a boy kept by the first deceased to massage him. This witness was lying on a mat (M.O. 17), which assumes some importance because on it was found a footprint, and P.W. 25 lay on another mat (M.O. 18), which is important for the same reason. From the verandah one can enter the room marked " B " on the plan and from that central room one can pass to rooms north and south. Immediately to the north of that central room was a room in which was lying a child of P.W. 26, the mother of the third deceased. Still north of that room again on a cot were lying the second and third deceased. To the south of the central room were lying P.W. 26 and two of her children. To the west of this series of rooms which run north to south is a verandah, from which is a passage way to the west leading into the dining hall and the kitchen. The western verandah of the main building was separated from this passage way by a door which was said to have been fastened on the night of the offence, as was the main entrance at the east. If those doors were secured, then, apparently, the house could only be entered by breaking open those doors. If one passed through the door separating the western verandah from the passage way, one passed first into the dining hall, where were sleeping the fourth deceased and his assistant, P.W. 22. To the west of the main hall was a kitchen in which P.W. 22 subsequently took refuge.