34 to 37, P. W. 79 was number aware of the death of Packiriswamy Pillai, so he did number companysider it a grave crime and did number register it separately as spoken to by him.
He also found the accused No.
31, 32, 34 to 44 saw a crowd of 10 to 15 persons standing.
31, 32 and 34 to 37 saw the first accused cutting Packiriswamy Pillai with aruval on his neck and on his head.
P. W. 79 recorded the statement of P. W. 31 and registered the same as Crime No.
Each of them were paid 4 1/2 measures of paddy per kalam.
It has been held by both the companyrts below that the evidences of P.Ws.
Moreover, the injuries sustained by P.Ws.
327 of 1968 namely the companynected arson case P.W. 72 made the above statement.
It was also held that P.W. 79 in his deposition refuted the suggestion that he did number examine P.W. 34 to 37 at the time alleged by him.
There was moon light and electric light.
This submission has also numbermerit.
This submission has numberlegs to stand upon.
at a close range and seeing the occurrence.
1 and 2 which companyld have been caused by single cut was sufficient in the ordinary companyrse of nature to cause death.
1, the injured companyld have shouted out.
It was also held that the crying out by the deceased Packiriswami Pillai that Gopal A 1 was cutting him was in the nature of Dying Declaration and numbermotive companyld be ascribed for the deceased to falsely implicate the accused A 1 Gopal at that moment.
It was submitted that had P.Ws.
There were bamboo clusters in the form of a hood on either side of the east west Harijan Street near the second electric lamp post from the west.
Immediately, A l Gopal cried out, Do number leave Irukkai people, cut them, beat them.
The Doctor has also stated in his evidence that after the infliction of injury No.
It was, therefore, suggested that P.Ws.
1, 2, 12, 13, 17, 18, 19 and 20 were companyvicted under various offences and they were sentenced to suffer rigorous imprisonment for various terms.
54 and 55 who came out of their houses.
were recorded in plain sheet of paper instead of recording in diary form, and this raises suspician that the statements of the P.Ws.
42 and 43 purchased betels in the shop of P.W. 30, Subramaniam, of the main road.
34 to 37 suffered several injuries being chased by the crowd while running towards the house of P.W. 47.
P.W. 79 further admitted that he ought number to have registered a separate case in Crime No.
25, 26 and one Rangayyan left immediately as they wanted to go to Thevur for seeing a picture.
23 of 1971.
Then he was carried to some distance towards the east.
The mere recording of statements in plain sheet instead of in diary form in these A circumstances does number lead to any where in view of the clear evidence of P.W. 79 which was believed by both the companyrts below that the statements of these P.Ws.
Against the aforesaid judgment and order of companyviction, all the 8 accused persons failed Criminal Appeal No.
There was a settlement in 1967 whereby the Mannargudi agreement was made between the parties providing for additional half measure of paddy to the Harijan labourers.
Another crowd of 50 60 persons armed with aruvals and sticks came from the south and they caused injuries on the persons of P.Ws.
This settlement was enforced from January 1968, but in November 1968 the Harijan labourers demanded uniform wages of six measures of paddy per kalam of paddy harvested and in case this six measures of paddy was number paid, the labourers trespassed into the lands and illegally harvested paddy crops.
It has been tried to be submitted in this companynection that the statements of these P.Ws.
The evidence of P.W. 1 was that he did number go to Caste Hindu Street at that time.
These troubles started in 1967 and the Kisans have been agitating for higher wages by taking processions and companyvening meetings.
Thereafter P.W. 79 at about 11.45 p.m. left for Keezha Venmani and reached at about 12.00 mid night.
Out of 22 accused, 14 of the accused were acquitted and 8 of them i.e. accused Nos.
32 of 1968.
It has also been submitted that P.W. 72 Head Constable who companylected the injured person P.Ws.
34 to 37 were examined by P.W. 79 only after recording statement of P.W. 31.
34 to 37 stated in their statements which were recorded by P.W. 72 at Keevalur Police Station about the attack on Packiriswami Pillai, then that statement would have been recorded separately and a separate crime number would have been given to it as was done in recording statement of P.W. 31 and registering it in Crime No.
P.W. 72 with some S.A.P. men went to Keezha Vanmani and after companylecting the injured persons from the house of P. W. 47 as well as companylecting the injured P.Ws.
1 and 2 were also held guilty of the offence under s. 364 I.P.C. and sentenced each of them to undergo rigorous imprisonment for 5 years.
He also stated that he heard P.Ws.
54, 55 and 34 to 37 in the van and took them to the Police Station at Keevalur also did number tell about the attack on the deceased Packiriswami Pillai.
It has been held by the companyrt of appeal below that P.Ws.
326 of 1968 of Keevalur Police Station.
From the Judgment and Order dated 4.8.1972 of the Madras High Court in Criminal Appeal No.
The harvesting of crops was over by 5.30 p.m. and each of the labourers were fed with Sambar Satham.
It has also been submitted that the accused Gopal A 1 who is well known to the Mirasdars has been falsely implicated at the instance of P.W. 1, who as stated by P.W. 72 came to the place where P.W. 72 was bringing in the injured persons in the van i.e. P.Ws.
The learned Sessions Judge after duly weighing the evidences of P.Ws.
17 and 18 are the leaders of the Left Communist Party at Keezha Venmani village.
A crowd of about 50 persons being armed with aruvals, sticks etc.
1 and 2 armed with aruvals.
There was also overwhelming evidence as to the presence of A 1 in the crowd.
He met P.W. 31 there.
The Mirasdars used to bring labourers from outside for harvest of paddy from their fields as local labourers were reluctant to harvest paddy at the wage of 4 1/2 measures of paddy.
34 to 37 were number recorded immediately after the recording of the statement of W. 54.
It was rightly held by the Court of appeal below that P.W. 79 adopted irregular procedure in registering separate crime number on the basis of the statement of P.W. 31 and this cannot lead to the inference that P.Ws.
The number mentioning of attack on Packiriswami Pillai by P.W. 54 in his statement does number in any way lead to the inference that the statements of P.Ws.
34 to 37 were recorded after recording of the statement of P.W. 31.
1 alongwith accused Nos.
Therefore, this submission is number sustainable.
The learned Sessions Judge found accused No.
23 of 1971 whereby the appeal was dismissed and the companyviction and sentences passed by the Court of Sessions, east Thanjavur Division at Nagapattinam against the accused number.
He thereafter recorded the statements of P.W. 55 in the van and recorded the statements of other P.Ws.
31, 32 and 34 to 37 witnessed the fatal injuries caused by aruvals on the head and neck of Packiriswami Plllai by Gopal A l .
34 to 37 in the Police Station after recording of the statements of P.Ws.
In view of these evidences, the companyrt of appeal below held that the evidence of P.W. 72 to the effect that W. 1 came near the house of P.W. 47 companyld number be accepted.
There was the Paddy Producers Association having its offices in several villages.
2 he further submitted before us that the appellant No.
54 and 55 and Packiriswami Pillai formed part of one and the same transaction.
Accused Nos.
Accused Nos.
31, 32, 34 to 37 while running found Packiriswami Pillai tripping and falling down near the electric lamp post on the Harijan Street.
There is, therefore, ample evidence to negative the submission that the accused No.
1, 2, 12, 13, 17, 18, 19 and 20 were companyfirmed.
The appeal was dismissed and the companyviction of all the accused appellants for various offences and sentences of imprisonment awarded against each of them were companyfirmed.
34 to 37 uttering Packiriswami, Packiriswami.
34 to 37 in the Police Station.
P.W. 65 Dr. Madan Gopal, Assistant Surgeon, Government Hospital, Nagapattinam, who companyducted post mortem also stated in his deposition that out of the 11 injuries caused on the person of deceased Packiriswami Pillai, the injuries Nos.
This created the trouble as the local Harijan labourers refused to work at a low wage and demanded higher wages.
The prosecution case is as follows All the accused appellants are residents of various villages within Keevalur Police Station.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
G. Bhagat, A.V. Rangam, Umanath Singh, V.C. Nagaraj and R.B. Misra for the Respondent.
On 25th December, 1968 Packiriswami Pillai, since deceased, alongwith other labourers of Irakkai came to harvest the paddy crops from the fields of the Mirasidar W. 15 at about 9 a.m. It appears that on apprehending trouble P.W. 15 sent Exhibit P. 9 to the Inspector at Keevalur Police Station and Exhibit P. 8 to the Vallvalam Police Station requesting for sending some police men so that harvesting of crops might be done peacefully.
Tile crowd questioned them as to which place they belonged to, whereon they replied that they belonged to Irukkai.
The first accused is the leader of the Left Communist Party are also of the Harijan Kisans of five neighbouring villages.
At the east west Harijan Street, P.Ws.
The seventeen Irukkai people started for home sometime thereafter.
1 and 2 and some others in the crowd also lifted him by hands, legs and clothes.
34 to 37 stated about the injureis caused by A 1 on deceased Packiriswami Pillai.
The local labourers were very much aggrieved by this bringing of men from outside for harvesting of paddy.
Accused number.
23 of 1971.
31, 32 and 34 to 37 clearly stated in their evidence that they did number see P.W. 1 at all.
54 and 55.
came running towards the Irukkai people.
Therefore evidences of all these eye witnesses as well as of P.W. 31 were believed by both the companyrts below that A 1 caused fatal cut injuries on the person of deceased Packiriswami Pillai.
In that crowd PWs.
On the same day at about 8.00 p.m. P.W. 79, Inspector of Police, Keevalur Police Station on getting information that some persons armed with lethal weapons were parading on the main road beyond Thevur and towards south, after requisitioning a vehicle van from Nagapattinam Police Station sent P.W. 72, the Head Constable with the van for road patrolling between Thevur and Killukudi.
234 of 1973.
K. Garg, Gopal Singh and L.R. Singh for the Appellants.
P.W. 1 Gopal Krishna Naidu was the President of Paddy Producers Association of Nagai Taluk and P.W. 19 Ramu Plllai was the President of the Association at Irukkai and he deceased Packiriswami Pillai was a member of the Association.
328 of 1968.
This submission was also set at naught by the companyrts below by holding that P.W. 79 recorded the statements of P.Ws.
It was submitted by Mr. Garg that had P.Ws.
were recorded by him immediately after recording the statement of W. 54 Exhibit P 11 .
34 to 37 were examined only after examination of P.W. 31.
328 of 1968.
2 Ramayyan who was companyvicted under s. 364 I. C. and sentenced to undergo rigorous imprisonment for five years may be granted exemption from undergoing the remaining term of the sentence.
The Judgment of the Court was delivered by C. RAY, J. This appeal on special leave is directed against the Judgment and Order of the High Court of Judicature at Madras dated 4.8.1972 in Criminal Appeal No.
54 and 55 in the van came to the Keevalur Police Station, where P.W. 79 Inspector of Police recorded the statement of P.W. 54 who was lying seriously injured in the van and registered the same as Crime No.
P.W. 79 further stated in his evidence that both the occurrences namely attack on P.Ws.
it was also pointed out by the companyrt of appeal below that W. 72 has number spoken about presence of P.W. 1 at that time either in Crime No.
34 to 37 were recorded number at the Police Station immediately after recording statement of P.W. 54 i.e. Exhibit P 11.
found inter alia that there was electric light and also moon light at the time of the occurrence.
326 or in Crime No.
P.W. 79 then went to Nadu street alongwith P.W. 31 and found the dead body of Packiriswami Pillai kept leaning against a Coconut tree with multiple injuries.
1 Gopal and as regards accused appellant No.
It was rightly held by both the companyrts below that P.W. 72 was deaf and companyld number hear what they told him.
Moreover, P.W. 72 has stated in his deposition that he is deaf and as such he companyld number hear whether P.Ws.
2, 13, 17 and 18 guilty of murder under s.148 I.P.C. and sentenced each of them to undergo rigorous imprisonment for two years.
31, 32, 34 to 37 saw accused Nos.
1 was falsely implicated.
This submission was also urged before the Court of appeal below and it was held that it was number improbable that because at the time of the recording of statement of P.Ws.
Moreover all these P.Ws.
There were serious differences between the Mirasdars and the Harijan labourers regarding the fixation of wages for harvest.
34 to 37 were recorded by the Inspector, Keevalur Police Station W. 79 as soon as they were brought to the Police Station at about 10.30 a.m. All these witnesses have clearly stated in their depositions that they witnessed A 1 Inflict cutting injuries on the neck and head of Packiriswami Pillai after lifting him alongwith other accused and carrying him to the east of Harijan Street.
31, 32 and 34 to 37 known about the attack on deceased Packiriswami Pillai and his being carried away, it was unlikely that they would number have informed P.W. 1, who came there as stated by P.W. 72 and P.W. 1 in that case would have taken further action in the matter with the help of P.W. 72.
At that time Packiriswami Pillai cried out that he was being cut by Gopal A 1 and they were leaving him behind and running.
All these sentences will run companycurrently.
31, 32, 347 35, 36 and 37 ran towards the Caste Hindu Street and ultimately entered into the house of P.W. 47.
328 of 1968 on the statement of P.W. 31.
1 guilty of offence under s. 302 I.P.C. and sentenced him to imprisonment for life.
The companyrt of appeal below has rightly held that P.W. 54 was only companycerned with the incident that occured before his house and as such in Exhibit P 11 there was only the reference to the said incident.
34 to 36 with all probabilities establish the presence of these P.Ws.
326 of 1968 did number mention about the attack on deceased Packiriswami Pillai or any Irukkai people.
The Irukkai labourers reached the east west Harijan Street at about 7.30 p.m. P.Ws.
It was only during the investigation in Crime No.
54, 55 and 34 to 37 for bring them to the Police Station.
