It was categorically held that the bandh activists on getting into the mill threatened, intimidated and assaulted PW 15 so as to companypel him to close downs the mill.
On getting into the house and after closing the outer door of that building, both the accused rushed to the southern room of that building which faced the gate with a window opening to that side.
The accused on the other hand, took the stand that the firing resulting in the death of two bundh activists and sustaining of grievous injuries to several others occurred when their house and other buildings, situated in a companymon companypound bounded with well protected boundary walls, and movable properties kept therein were set on fire by an angry mob of bundh activists when the accused failed to heed their unlawful demand to close down the flour mill which was operated on that day.
Their entry into premises of the accused was number lawful.
The 1st accused on the instigation of the 2nd accused, his father, and having that accused beside him, fired at the bundh activists, who by that time had approached near the locked gate, by using an S.B.B.L. Gun through the window.
After the removal of the injured to the hospital in the tempo as aforesaid a violent mob which companylected at the scene of occurrence set fire to the residential building, flour mill, bread factory, household articles, cycles, a tempo and scooter, parked in front of the residential building of the accused, infuriated by the heinous act of the accused in firing at the bundh activists and other innocent people as aforesaid.
When the firing companytinued as stated above some of the residents of the area who were standing beside the road also received gun shot injuries.
On hearing the gun shots people of the locality rushed to the scene of occurrence and some of them by scaling over the locked gate broke opened the lock and removed the injured to the road, from where they were rushed to the hospital in a tempo van along with the other injured who had also sustained gun shot injuries while they were standing beside the road.
It was, however, said that their success in business was a matter of envy for Thomas Francis, their neighbour, particularly who filed companyplaints to the local authorities against the companyduct of the mill and the factory and also filed a writ petition to get them closed down, but without success.
A significant companyclusion was arrived at that they were prepared and in fact used muscle power to achieve their ends in making the bandh a success.
The other four bundh activists on requesting the 1st accused number to open fire rushed towards Basheer and, according to the prosecution, the first accused fired again with the gun indiscriminately causing injuries to all of them.
The view was endorsed by the High Court by the impugned judgment so far as the present appellant is companycerned.
The trial Court discarded the prosecution version that the deceased and PWs who had sustained injuries had gone through the gate as claimed.
Soon after the firing both the accused and PW 15 escaped from the scene of occurrence and took shelter in a nearby house.
All the other injured were admitted in that hospital to provide them treatment for the injuries sustained.
An altercation took place between them and on hearing the companymotion the accused, A 1 and A 2 who were inside their residential building, situate to the west of that mill, rushed to the place and directed the bundh activists to go out of the mill.
The first shot fired from the gun hit against one of the bundh activists, who had got into the companypound, namely Basheer, and he fell down beside the gate.
Even when the first shot was fired from the gun passersby in the road situate in front of that property also sustained injuries.
The information as to the occurrence of a skirmish and altercation between bundh activists and the accused and of an incident involving firing at Cheranelloor was received by the police at Kalamassery Police Station from the Fire Station at Gandhi Nagar, Ernakulam, which was informed of such an incident over phone by a resident living close to the place of occurrence.
He sustained injuries, and bandh activists indulged in violence before the firing took place at the place of occurrence.
It was also held that PW 15 was roughed up by the bandh activists, making him runaway.
It was number anybodys case that they belonged to any political party or had credentials, which were unwholesome.
This group of five men on passing beside the mill of A 2 while they were perambulating the streets of Cheranelloor to have a first hand information as to the observance of the bundh on companying to know of the operation of the flour mill by A 2 proceeded to that place and made demands to PW 15, the employee of A 2 who was operating the mill to close down.
They were armed with sharp edged weapons.
As the activists of the bundh persisted in their demands for closing the mill, according to the prosecution, A 2 got out of the mill and on the instruction given by A 2, A 1 locked the gate of the companypound from inside.
On companysideration of the evidence on record as numbered above, the companyviction was made by the trial Court and sentence was imposed.
Revision Cr.
On analysing the evidence it was companycluded that they had scaled the walls.
The same as tried as S.C. number 57 of 1990.
In this background, the accused acted in exercise of right of private defence and there was numberquestion of exceeding such right, as held by the trial Court and the High Court.
A 2 also filed a companyplaint against 24 persons, which was tried as C. number74 of 1991.
By numbermal reckoning, their business activities flourished well.
Criminal appeal number 784 of 1994 was filed by the State questioning acquittal in C. 57 of 1990.
But benefit of doubt was given to A 2, father of the present appellant.
Against such acquittal also appeal was filed by A 2 which was numbered as criminal appeal number 471 of 1994.
Prosecution version as unfolded during trial is as follows Most of the shops and offices were closed and vehicles were off the road.
The fine, if any on realisation, was directed to be paid to PW 7 and PW The fine was directed to be paid to PW 8 .
They owned a tempo van and other vehicles which were parked inside the companypound itself.
He was one of the accused in S.C.No.74 of 1991 and according to the accused appellant James was the kingpin and that the incident was wrought by him out of hatred and deep animosity towards James and Xavier.
It was numbericed by the trial Court that the activists were in a foul and violent mood and had beaten up one Jossy, and this indicated their aggressive mood.
The incident involved in this case took place at about 2.30 p.m. on 15.3.1988 when five young men, the two deceased in this case, namely, Mohan and Basheer hereinafter referred to as deceased by their respective name , and PW 1, PW 2 and PW 4, who were activists of the bundh, as followers of the political parties which organized that bundh on that day, got into the flour mill of the A 2 through the unlocked gate leading access to that mill situate in a property companyprising the residential building, a bread factory and other structures belonging to that accused.
The sentences were directed to run companycurrently.
As companyplaint was lodged by the accused alleging various offences by the prosecution witnesses, a separate case S.C. 74 of 1991 was registered in which there was an acquittal.
RP 820 of 1994.
Father of one of the victims filed Crl.
By a companymon judgment all matters were disposed of.
Accused asked PW 1, PW 2 and PW 4 to leave the place.
There were isolated instances of defiance to the bundh call and some incidents had taken place that, however, did number escalate to uncontrolled dimensions.
The matrix of the litigation related to a Bharat Bandh on 15.3.1998 sponsored by some political parties.
Cheranelloor, where the companycerned incidents took place, is a politically sensitive suburb of Kochi where accused appellant James and his father Xavier had their residence, besides a bread factory and a flour mill in the same companypound.
Appeal number 312 of 1994.
State had launched prosecution against 12 of the said 24 persons.
Appeal filed by the accused persons was numbered as criminal appeal number4 of 1994.
Then both of them rushed back to the house with A 2 directing A 1 to take out the gun and shoot down the bundh activists by declaring that all of them should be finished off.
Several appeals and revisions were filed by the appellants, the prosecution witnesses and the State.
One among the injured, namely, Mohanan breathed his last while he was transported in the tempo to the hospital and another, namely, Basheer, succumbed to his injuries after being admitted at City Hospital, Ernakulam.
In the said case some of the PWs and their supporters were the accused.
