Decided on July 19,1968

V. VASU Appellant


- (1.) Criminal Appeal No. 224 of 1967 is an appeal filed through Advocate by the two accused persons in S. C. No. 14 of 1967, Sessions Court, Trichur. The two remaining appeals are separate jail appeals filed by them. They were convicted under S.302 read along with S.34 of the Indian Penal Code and sentenced to undergo imprisonment for life. Their plea was one of not guilty to the charges framed against them under those sections in that at or about 8. 30 P. M. on 30-12-1966 at the Chiyyaram Toddy Shop and at places near it on the Trichur - Ernakulam trunk road within the jurisdiction of the Ollur Police Station in furtherance of a common intention entertained by them they murdered one Alibaba alias Jose by beating him with the crow bar, M.O. 1.
(2.) The first appellant entertained a grudge against Jose as on the date of the occurrence in the afternoon he broke the glass panels of an almirah inside the first appellant's tea shop. There was a wordy quarrel between them after that incident. The first appellant was at that time pacified by Pw. 10, who was then in the tea shop by undertaking to compensate the 1st appellant for the loss he sustained. Even after that the first appellant continued to entertain revenge against Jose.
(3.) When Jose was inside the Chiyyaram toddy shop with Pw. 2 for the purpose of taking toddy the first appellant came there. Pw. 4 and the second appellant were at that time on the road on the northern side of the toddy shop. After coming to the toddy shop the first appellant struck Jose on his left shoulder with M. O. 1. Jose cried aloud, came out to the road on the northern side and after going east through it ran north through Trichur - Ernakulam trunk road which lies on the eastern side of the toddy shop. When he got out of the toddy shop the appellants pursued Jose. The second appellant succeeded in getting hold of Jose. At that time; the first appellant with M. O. 1 struck Jose on his chest and head. Jose caught hold of M. O. 1. He did not leave his hold on it inspite of demands made for that purpose by the second appellant. At that time the second appellant took a stone front; the side of the road and hit Jose with it on his forehead. Then Jose let loose his grip on M. O. 1 and ran north. The appellants then also pursued him When they came near Jose, the second appellant caught hold of Jose and after taking M. O. 1 from the hands of the first appellant struck Jose on his head with it. Jose walked some distance and then fell down on the road. Then the appellants fled from the place.;

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