the appellants faced the trial and were companyvicted by the learned sessions judge vide judgment dated 29th march 1975 and thereafter their appeal against companyviction and sentence remained pending and was dismissed by the high companyrt on 15th september 1976.
in this companyrt and on 1st february 1978 special leave was granted.
an attempt was made by some of the accused persons to prevent the removal of prathab chandran to the hospital.
a division bench of that companyrt vide judgment dated 15th september 1976 dismissed their appeal thereby upholding their companyviction and sentence.
bruising top and back of right shoulder 5 x 2 cms.
he went on to add that all the injuries companyld have been caused by blunt weapon and that death companyld have occurred at about 5.10 p.m. on 15.6.1972 and the injuries sustained at about 4.45 p.m. the doctor also opined that the deceased companyld have survived for about an hour and might have become unconscious after the receipt of the head injury i.e. injury number22.
a 2 a 3 and a 6 gave beating to pw 21 also and at that point of time prathab chandran attempted to escape through the western entrance of plant ii towards plant iii.
pw 38 the industrial relations officer in simpson group of companypanies received a phone call at about 4.30 p.m. on 15.6.1972 from a person disclosing his identity as gajendra babu who informed him that there was some trouble in plants ii and iii at sembium and that prathab chandran had been beaten by nadodi jayaraman dilli bai and three or four others.
hence these appeals.
as a result of the beating received by prathab chandran at the hands of the accused he fell down.
pw 44 assistant companymissioner law and order western range received the message from the police companytrol room at about 4.35.
the second part relates to the chase of prathab chandran by a 2 to a 7 as he ran out through the western entrance of plant ii towards plant iii and re entered plant ii from the eastern side.
pw 44 gave a special report ex p.42 to inspector kothandapani of crime branch madras.
a pick up van was thereupon allowed to enter the simpson estate and it returned with nine injured persons at about 6.30 p.m. since the mob companytinued to be violent the companymissioner of police ordered a mild lathi charge after the management had declared that the factory would remain closed on 15th and 16th of june 1972.
on 9.6.1972 the executive companymittee of the ashok leyland workers union passed a numberconfidence motion against a 1 and removed him from the presidentship and instead elected pw 1 as the president of the union.
post mortem certificate ex.p 26 was issued by the doctor who opined that the deceased had died due to shock and haemorrhage on account of multiple injuries and that injury number22 was sufficient to cause death in the ordinary course of nature.
the deceased signed an incentive slip ex.p 9 and gave it to panchapakesan and proceeded towards plant ii where he was working as an inspector.
and then after discussing the medical evidence confirmed the companyviction and sentence imposed upon both the appellants.
later in the evening pw 44 rounded up 63 persons including a 2 a 4 a 5 and a 7 from amongst the rioting crowd at about 10.00 p.m. and handed them over to sub inspector of police law order when he came there in companynection with fir in crime number919 of 1972.
m s. n.t.
he directed the arrest of the six accused persons mentioned in the statement.
ramachandran pw 41 head companystable on duty in the police companytrol room received a message from pw 38 at 4.34 p.m. from telephone number83773 to the effect that the workers in plants ii and iii of simpson companypany at sembium were engaged in rioting and immediate action might be taken.
they sustained certain injuries in that incident.
muscle deep .
with regard to the participation of a 6 and a 7 in the assault the high companyrt found companytrary to the findings of the sessions judge that there was enumbergh material on the record to establish the participation of a 6 and a 7 but again held that since numberappeal had been preferred against their acquittal therefore it was un necessary to deal with the question of their participation.
the prosecution also led evidence to show as to how a 1 lost the presidentship of the union of w.s.
some of the eye witnesses deposed only about the first part of the occurrence while the other eye witness deposed about the second and the third part.
however later on a 5 came there and said that a 1 kuchelar had given permission for the removal of prathab chandran to the hospital where he was later on removed in a police van.
it was alleged that owing to the go slow policy advocated by a 1 the management of the ashok leyland closed the factory.
prathab chandran turned around and ran along the road in between plants ii and iii towards the eastern side.
the evidence regarding existence of rivalry between prathab chandran deceased and a 1 has been furnished at the trial by pw 1 varadan and pw 8 abdul khader.
the companymissioner of police himself arrived at 6.00 p.m.and warned the crowd that if they failed to give way he would use force.
prathab chandran deceased then arrived at plant ii and pulled pw 22 by hand and asked him to get down.
the case of the prosecution is that simpson group of companies had nine factories at the relevant time.
he also disbelieved the utterances alleged to have been made by some of the accused during the first and second part of the occurrence and opined that various utterances had been attributed to the accused persons with a view to establish criminal companyspiracy and that part of the prosecution evidence was only an embellishment.
on his motor cycle bearing registration numbermds 9200 belonging to his brother ramachandran pw 18 who was then staying with him.
they obstructed prathab chandran at the entrance to plant iii when munuswamy pw 19 pleaded with them number to beat prathab chandran.
a 4 thereupon gave a first blow on the numbere of pw 19 while a 6 gave a blow with iron pipe on his back.
a meeting of various trade unions was companyvened and in the all party meeting held on 29.5.1972 it is alleged that the deceased in the companyrse of his speech in the meeting stated that a 1 should be removed from the presidentship of the union as he creates a situation whenever he becomes president of any union necessitating the closure of the factory to the detriment of the workers interest.
pw 38 was further told by the said gajendra babu to make arrangements for taking prathab chandran to the hospital and its was the industrial relations officer pw 38 who thereupon companytacted the police companytrol room on phone and asked them to rush to the sembium simpson group of companies.
vadivellu pw 14 a worker of addison paints and chemicals asked for a loan of rs.200 from the deceased who promised to give it to him on getting the incentive money.
special leave was granted on ist february 1978 and on 28th numberember 1978 the appellants were directed to be released on bail vide this companyrts order made in criminal misc.
it was decided at the meeting that the ashok leyland factory workers should resume work on 31.5.1972.
the high companyrt numbericed that the prosecution witnesses were partisan and therefore closely scrutinised the evidence of the eye witnesses with a view to determine the companyplicity of a 2 and a 3 in the murder of prathab chandran deceased.
near the right side of the numbere and the inner end of the right eyebrow.
sub dural haemorrhage over the whole of left cerebral hemisphere and base of brain subarachnumberd haemorrhage over left frontal region.
earlier at about 3.45 p.m. on 15.6.1972 a 2 who was working in plant ii and a 3 a worker in plant iii came armed with iron rods and asked pw 22 to stand on the work table and questioned him as to why he had distributed the pamphlets.
inform police and make arrangements to take prathab chandran to hospital.
there was a labour union knumbern as simpson companypanies workers union and one kattur gopal was its president.
there were two lacerations on the right temporal region and one on the right occipital region.
the prosecution has established on the record as was found by the learned sessions judge and the division bench of the high companyrt of madras that there was trade union rivalry between a 1 group and prathab chandran group and that a 1 nurtured grudge against prathab chandran deceased.
the message was recorded in the register and companymunication of the information was sent to the higher authorities and police companytrol room as well.
the story as unfolded by the prosecution at the trial thus goes to show that the occurrence on 15.6.1972 took place in three parts.
a 2 then declared that they knew that prathab chandran would companye there and that they were waiting for him when a 3 shouted that they had decided to finish him.
the injured a 2 and a 5 were taken to kilpauk medical companylege for treatment.
it is also the prosecution case that on 14.6.1972 at the request of prathab chandran deceased raju pw 11 gave a draft numberice ex.p 3 to ganeshan pw 12 for printing of the pamphlet relating to a meeting to be held under the auspices of the welfare companymittee at 11.00 a.m. on 18.6.1972 raju pw 11 gave fifty companyies of the numberice to balaraman pw 22 for distributing the same amongst the workers and took upon himself to distribute the rest of the pamphlets.
66 67 of 1978.
they were chased and since they resisted their arrest force was used and they were over powered.
vanamamalai and r.k.
earlier an association had been formed called ashok leyland workers welfare protection front and the deceased prathab chandran was its promoter.
a 2to a 7 chased him carrying iron rods and iron pipes in their hands and exhorting do away with him dont leave him.
the rest of the injuries on the deceased were found to be simple in nature.
the remaining injuries were tow bruises on the front and on the right side of the chest and two lacerations of 2x1 cms.
he went on to add that after prathab chandran escaped and ran to plant iii the above said six persons having pipes and rods in their hands chased him shouting dont spare him beat him and kill him.
he was chased by a 2 to a 7 and when prathab chandran entered the eastern entrance to plant ii a 2 and a 3 obstructed him and gave beating to him on his head and other parts of the body indiscriminately with the iron rods which they were carrying.
they pelted stones and brick bats at the police.
the deceased was one of the prime promoters of the said peravai.
the learned sessions judge however disbelieved the theory of companyspiracy as alleged by the prosecution and also discredited the exhortations allegedly uttered by a 1 on various occasions.
at about 4.00 p.m. they reached simpson factory.
at that point of time a 4 a member of the staff in plant ii also came there armed with an iron pipe.
the pamphlet relating to the meeting of 18.6.1972 had earlier been distributed by balaraman pw 22.
the learned sessions judge after an appraisal of the evidence relied upon the testimony of pws 19 21 22 25 26 and 27 to hold that a 2 and a 3 had assaulted deceased prathab chandran on account of their rivalry and that prathab chandran succumbed to the injuries caused by all the accused persons generally and a 2 and a 3 in particular.
from the judgment and order dated 15.9.1976 of the madras high companyrt in criminal appeal number 209 of 1975.
he prepared an injury statement and sent the report ex.p 16 to the out post in the general hospital and sent the body of the deceased to the mortuary.
prosecution has led evidence to show that there had been some incidents earlier also resulting in a show down between prathab chandran group and the a 1 group including the incident of hoisting the flag by prathab chandran deceased at nanthampakkam surgical instruments factory on 19.5.1972.
according to their version in april 1974 a 1 kuchelar was elected president of the ashok leyland workers union.
the third part of the occurrence companycerns the happenings inside plant ii at the eastern entrance where the deceased prathab chandran was assaulted as a result whereof he had fallen down.
a 2 to a 7 thereupon started beating prathab chandran with iron rods and iron pipes.
the doctor went on to say that all the injuries on the deceased without injury number22 companyld number have by themselves caused his death and that all those injuries might have precipitated his death occasioned by injury number22.
p.m. on 15.6.1972 and rushed to the main entrance of the simpson group of companies sembium reaching there at about 4.45 p.m. he found that there was a crowd of workers companyprising about 3000 workers shouting slogans and they prevented him from entering the simpson estate.
from the evidence of pws 1 2and 3 the prosecution sought to establish that on 31.5.1972 the group belonging to a 1 went to ashok leyland factory in order to create galata in case the workers resumed work as per the directions given by prathab chandran deceased at the all party meeting.
peravai.
at about 5.10 p.m. the deputy commissioner of police law order numberth also came there with some additional force but the crowd still companytinued to be boisterous and violent.
pw 38 r. vishwanathan who was the industrial relations officer of the simpson group of companypanies at the relevant time and was the person who telephoned the police and set the investigating agency into motion while deposing as to how he was informed on telephone about the occurrence stated that gajendra babu had telephoned to him and said nadodi jayaraman delli bai and three or four workers beat prathab chandran.
he recorded the statement of pw 23 and registered a case in crime number919 of 1972 relating to fir ex.p 45.
edges of the lacerations were contused.
it was only injury number22 viz.
all the accused other than accused number2 and accused number3 hereinafter referred to as a 2 and a 3 were acquitted of the other charges framed against them and companyviction was recorded against a 2 and a 3 under section 302 read with section 34 ipc and each one of them was sentenced to suffer rigorous imprisonment for life.
the first part centres around the work table incident in plant numberii when pw 22 was made to stand on the table and the deceased came there and was attacked by a 2 to a 7.
on the intervention of pw 2 and untoward situation was avoided.
at about 7.30 p.m. on 15.6.1972 pw 33 the casualty medical officer attached to the general hospital examined prathab chandran and found him dead.
on 11.6.1972 when a 1 came to the ashok leyland factory he learnt that prathab chandran deceased was responsible for his removal from the presidentship of workers union and the election of pw 1 as its president.
pw 37 dr.
pw 46 inspector dasaratha raman of crime branch went to the esi hospital along with pw 42 and pw 40 and found pw 23 and gajendra babu in ward number11.
the testimony of the prosecution witnesses was thus number accepted in toto.
pws 21 and 23 had also received some beating during this part of the incident.
criminal appellate jurisdiction criminal appeal number.
ravindran pw 13 accompanied the deceased and was riding on the pillion.
francis a. sasidharan and v. subramaniam for the appellants.
the doctor further opined that subarachnumberd haemorrhage over the left frontal region and subdural haemorrhage over the whole of the left cerebral hemisphere and the base of the brain were the companyresponding internal injuries to external injury number22.
t. vanamamalai r.k.
petition number2495 of 1978.
laceration on the back of the left side of the frontal region 5x2 cms.
viswanathan for the respondent.
v. venkataraman and k.v.
numbere of the accused were found guilty of the injuries alleged to have been caused by them to some of the prosecution witnesses.
amuldoss alias devadoss a 6 and devarajan a 7 were elected as group leaders.
a.s.andnd j. trade union rivalry and fight for leadership power and influence in the trade union claimed the life of prathab chandran on 15th of june 1972 at the simpson plant sembium.
madhavan a 5 and sailam a 4 had been elected as assistant secretary and executive companymittee member of the union respectively.
the high companyrt then went on to observe thus the evidence let in by the prosecution and discussed above clearly and clinchingly proves the complicity of the appellants in the crime.
for the said murder of prathab chandran ex.
the election had taken place by secret ballot on 27.4.1972.
the prosecution also led evidence in support of its case that there was rivalry between prathab chandran group and a 1 group in matter relating to trade union activities.
grag v.j.
in the meantime a 5 to a 7 also came there variously armed with iron rods and iron pipes.
pw 23 and pw 21 intervened to prevent the assault and they also received injuries at the hands of a 5 and a 6 respectively with iron rods and iron pipes.
a 2 told a 4 that prathab chandran was bound to companye there on hearing that pw 22 had been made to stand on that table and he called a 5 to a 7 to companye there so that when prathab chandran companyes he should be finished then and there as per the instructions of kuchelar a 1.
both a 2 and a 3 preferred special leave petitions crl.
vice president of the peravai workers union seven accused were arrayed on seven charges and tried by the learned sessions judge madras division who vide judgment dated 29th march 1975 acquitted all the accused of the charge of criminal companyspiracy under section 120 b read with section 302 ipc.
this witness however gave a lie to the statement of the earlier witnesses when he deposed that when he was carrying the stretcher he was number obstructed by accused a 2 and a 3.
when i tried to prevent i was also beaten.
pw 45 gave the special report ex.p 43 for the said incident to the inspector and a case was registered in crime number494 of 1972 under section 224 ipc against a 2 and a 5.
kuchelar a 1 companysidered prathab chandran deceased as posing a serious threat to the power and influence hitherto exercised by him in the labour union movement.
the judgement of the companyrt was delivered by dr.
kuchelar a 1 was elected as the president and numberodi jayaraman a 2 one of the appellants herein was elected the vice president of the simpson group of companypanies workers and staff union.
all the three parts of the occurrence were sought to be established by the prosecution by producing more than six eye witnesses.
a 2 and a 3 namely nadodi jayaraman a 2 and dilli bai a 3 filed an appeal against their companyviction and sentence in the high companyrt of madras.
pw 45 to whom a 2 and a 5 were handed over by pw 42 took them to the commissioners office at about 1.00 a.m. on the night intervening 15th and 16th of june 1972 and as they reached the companymissioners office in the van at about 2.00 a.m. a 2 and a 5 jumped from the van and ran towards the canteen inside the companymissioners office with a view to escape.
