GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANTS in Crl.A. No. 1050/2003 were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life each with a fine of Rs. 20,000/ - each and in default of fine to undergo rigorous imprisonment for three years each. Altogether six persons were charge sheeted for the offences punishable under Sections 143, 147, 148 and 302 read with Section 149 of I.P.C. The Sessions Court acquitted accused 4 to 6 of all the offences and also acquitted accused 1 to 3 of offences under Sections 143, 147, 148 and 149 of I.P.C, but convicted them under Section 302 read with Section 34 of I.P.C. Against the acquittal of the accused 4 to 6, P.W.1 filed Crl.R.P. No. 2450/2004 and both the cases were heard together.

(2.) THE prosecution case was that P.W.1 along with deceased Jose had been running toddy shops at the places, namely, Vellilappally, Vellakkada and Chakkampuzha Nirappu in the year 1999. The accused persons who were the toddy tappers in the said toddy shops arrived at the toddy shop No. T.S. 115 at Vellakkada at about 6 p.m. on 23.8.1999 and the first accused asked P.W.1 regarding the delayed Onam Bonus to be paid. P.W.I replied that the deceased Jose would come with the amount. Thereupon the first accused stated that they would not go back unless they were told about the payment of the amount. Thereafter, the accused persons moved to the adjacent mud road. After about 20 minutes they proceeded towards the main road and when they reached the mud road on the northern side of the house of P.W.2, Jose came. The accused persons formed themselves into an unlawful assembly armed with deadly weapons like knife, sticks etc. and picked up a quarrel with the deceased Jose for the payment of bonus. The first accused seized hold of the neck of Jose, who, after getting himself free from the grip of the first accused, moved to the courtyard of the cattle -shed on the eastern side of the aforesaid house. While so, the third accused beat Jose with M.O.5 stick, but Jose warded off the beating with M.O.7 bucket. The fourth accused hit Jose with M.O.6 stick. The first accused asked and instructed his younger brother, the 2nd accused, to kill Jose. In response to the instruction given by the first accused, the second accused took out M.O 3 knife from his hip and loin and stabbed Jose on the right side of the back of his chest with the intention of killing him. The fifth accused directed his course quickly towards Jose with a knife to stab Jose. However, P.W.1 prevented him from stabbing Jose and P.W. 1 received the knife from the fifth accused and, threw it away. Hearing the hue and cry from the place of incident, people gathered there and at that time the sixth accused asked other accused persons to run away. Accordingly, the accused persons escaped from that place in the direction of the main road. Subsequently the injured Jose was taken to the Pala Government Hospital where he was given first aid and after that as per the instructions of the doctor in the Government Hospital, Jose was taken to the Medical College Hospital, Kottayam where he succumbed to his injuries while undergoing treatment at about 8.30 a.m. on 24.8.1999.

(3.) P .W.2 is Gopi in whose compound the incident occurred. According to him, he was seeing television. Then he heard hue and cry from the courtyard of his cattle shed. He came out of the house. He saw eight persons engaged in a scuffle. He stated that A1 to A6, deceased as well as P.W. 1 were the eight persons. He also stated that P.W.1 was trying to pacify. He stated as follows: