- (1.) Appellants question their conviction for offences punishable under Sections 143, 148 and 302 read with S. 149 of the Indian Penal Code, 1860 (in short the 'IPC'). Appellant Bhargavan was sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Section 149, I. P. C. and to pay a fine of Rs. 60,000/- with default stipulation. The other four appellants were awarded similiar custodial sentence but the fine in their cases was Rs. 35,000/- each. No separate sentence was awarded for offences relatable to Sections 143 and 148, I. P. C. The Kerala High Court by the impugned common judgment dismissed the appeals filed by the appellants confirming the conviction and sentences imposed.
(2.) Prosecution version as unfolded during trial is as follows : Chandran (hereinafter referred to as the deceased), a Gulf returned agriculturist while on his way to Panthalam market around midnight between 25-5-95 and 26-5-95 at a Panchayat road at Arunoottimangalam was brutally assaulted. Soon he was lifted to the Government Hospital, Mavelikara. After first aid, he was referred to the Medical College Hospital suspecting head injury. The injured was shifted to the Medical College Hospital, Kottayam. While undergoing treatment he succumbed to the injuries at around 12.50 p.m. on 27-5-95. After return from his engagement abroad deceased was engaged in betel cultivation and trade. Valsala (PW-15) is his widow, and Manoharan (PW-4) was his brother. Santosh (PW-18) was his nephew. On 25-5-1995 he was on his way to Panthalam market, which starts functioning from early hours in the morning. When deceased and Santosh (PW-18) reached near the house of P. K. Ramachandran (PW-14), all the named accused (A-1 to A-6) and two others waylaid them. Bhargavan (A-1) dealt a blow on the head of the deceased with an iron rod stating that he should not live any more. Deceased slumped on receiving the blow. Then Dhanarajan alias Dhanan hit the deceased with motor cycle chain on his neck and back. Deceased cried out in pain, hearing which A-1 said that he was not dead and should be finished. Responding to this, accused Sudhakaran (dead), Chandran, Sadasivan and Radhakrishnan (A-2, A-3, A-5 and A-6 respectively) assaulted the deceased on the head and back with sticks. Santosh (PW-18) cried for help and ran towards home. Hearing the cry Manoharan (PW-4) and other neighbours rushed to the spot. On the way Santosh (PW-18) met Manoharan (PW-4). Meanwhile Anandan (PW-2) and Nalini (PW-3) rushed there. Anandan (PW-2) and Manoharan (PW-4) supinated the deceased who asked for water and named the accused persons to have assaulted him. PWs-3 and 4 gave water to the deceased. PW-18, Valsala (PW-15) and others in the meantime reached the place. PW-4, PW-18 and others shifted the deceased to the Government Hospital, Mavelikara. Dr. V. C. Alexander (PW-5) attended the injured and opined that he should be shifted to Medical College Hospital, Kottayam as there was suspected head injury. He also sent an intimation to the Mavelikara Police Station. Since PW-4 and PW-18 did not carry much money, they returned home, collected some money and clothes and along with PW-15 searched for a car. They went to the house of one Shajahan, Advocate requesting for a car. Later, they got a car and the injured was shifted to Medical College Hospital, Kottayam. Though he was admitted and treated at the Hospital in the intensive care unit, he did not survive. The Assistant Sub-Inspector of Police had received the intimation sent by PW-5. At about 3 p.m. on 26-5-1995, he recorded the First Information Report on the basis of narration by PW-1[8] The occurrence was witnessed by Santosh (PW-18) who was accompanying the deceased at the time the accused persons assaulted him. Subsequently, information was lodged at the police station and investigation was undertaken, on completion of which charge-sheet was filed. According to prosecution the accused persons in furtherance of their common intention to commit murder formed into an unlawful assembly and being members of unlawful assembly they were armed with deadly weapons like iron rod, motor cycle chain and sticks and with intent to commit murder of the deceased Chandran, he was brutally assaulted at his head and body and due to the head injuries sustained Chandran breathed his last.
(3.) Six persons faced trial. One of them i.e. accused No. 2-Sudhakaran died during the pendency of the appeal on 3-6-9[9] Twenty eight witnesses were examined to further the prosecution version. Santosh (PW-18) was stated to be an eye-witness whereas Anandan, Nalini, Manoharan (P.Ws. 2, 3 and 4 respectively) were stated to be persons before whom the deceased made dying declaration implicating the accused-appellants. Accused persons pleaded innocence and false implication because of previous litigation. A-1 Bhargavan additionally took the plea of alibi to the effect that he was hospitalized at Medical College Hospital, Kottayam at the time of occurrence and the possibility of his assaulting the deceased is improbable. Learned Additional Sessions Judge, Alappuza, found the prosecution version cogent, credible and trustworthy and convicted and sentenced the accused persons-appellants as aforesaid.;