long, I am gaping obliquely placed on the right side of the back of the head, the lower and inner end being on the midline at 4 L348Sup.
6 1 to 168 ti d R. T. No.
The underlying skull bone was cut through for 12 cm and fissured fractures were found running outwards for 2 and 5 cm respectively from the upper and middle portions of the outer edge of the cut on the skull.
Kuruvilla tried to ward it off with his right hand but was number successful.
He numbericed that the little finger of the right hand of the deceased had been cut off and the ring finger was hanging due to a cut.
Yesu Kathanar PW 5 , who is a priest, was the President of the, Karshaka Sanghani in the adjoining village Eramalloor.
P.Ws 1 and 4 and Baby managed to get into the lorry when Kuruvilla was being beaten though while doing so they implored the accused persons number to kill Kuruvilla.
In order to reach the house of the priest one has to go through Eeamallur junction.
P.W. 2 is the Panchayat Member of Ward number 4 of Puthupally Panchayat.
The companyerings of the brain were torn and the brain companytused under the fractures.
That road runs east to west.
The lorry was driven by Mathayi PW 3 , who then told Kunju and his companypanions that Vasu, accused No.
C.I./73 the level of the top of the ears.
Incised wound 13.5 cm long 1.5 cm gaping horizontally placed at the back of the head at level of the lower end of injury No.
Early on the morning of December 14, 1970 Markose Mani P.W. 2 who is a member of the local Panchayat came to know of Kuruvillas death.
This judgment would dispose of both the appeals.
While Puthupally junction is on the eastern side Eramallur junction is on the Western side of this road.
15 a.m. P.W. I went out of that house.
Joseph Cherian also earlier on that day got himself examined from Dr. Nair PW 6 at 10 a.m. The doctor found an incised wound 1X1/4 x 1/4 on the posterior aspect of right forearm of Joseph.
P 1 at about 8 a.m. According to this report Markose Mani ,came to know of Kuruvillas death at about 5 Oclock early in the companying of December 14, 1970.
as stated by W. 3, may also have companysciously or unconsciously deterred them, to some extent, from risking a visit to the police station during the night.
Appeals front the jud ii ient and order dated August 24, 1971 of the Hi, h Court in Criiiiin,,ii Appeals Nos.
1 and 4 and Baby were in a room in the house of P.W. 5 for the rest of the night.
The fifth accused Cherian Mathew also struck Kuruvilla thrice with an iron rod on his chest.
28 of 1970 while accused 1 to 5 have filed criminal appeal No.
a.m. According to that report, Kunju deceased had been killed by body at 2 a.m. Markose added that he had heard that accused Nos.
P.W. 5 was number an eye witness to the occurrence but he fully companyroborated that the deceased and P.Ws 1, 4 and Baby had gone to him by 11.30 p.m. and later at 1.30 a.m. The three persons, other than the deceased, returned to him and informed him of the occurrence.
There was some dispute between Kunju deceased and the accused relating to a ridge and regarding work in the paddy fields.
1 right end being at a higher level and both ends being 7.5 cm behind the cars.
Incised wound 10.5 cm x 3 cm muscle deep vertically placed on the right side of the back and top of the shoulder, 8 cm inner to injury No.
They were also found guilty of an offence under s, 148, I.P.C. and sentenced to rigorous imprisonment for one year each.
P.W. 3 had to go to his house by a different route and though he made an attempt to inform the police he did number succeed.
9 surrendered in that companyrt on December 23, 1970.
A. No.
Pappu, Baby and Joseph thereafter slept at the house of Yesu. ,
There was also some property dispute in which Joseph and Kunju were arraigned as accused but they were acquitted.
One other case had been filed against him.
1 and 4 and Baby were at the time.
No weapon alleged to have been used by the accused companyld be recovered by the police.
After Kuruvilla had a talk with P.W. 5 and when they were returning through the same route, at the place of occurrence which is about 7 furlongs away from the house of P.W. 5 they met Mathayikutty Mathayi P.W. 3 driving a lorry and companying from the opposite direction.
A. number 300 of 1971 against a companymon judgment of the Kerala High Court disposing of four appeals 3 separate appeals by accused number.
away towards southeast from here The, Additional Sessions Judge trying the case found accused number.
his two companypanions agreed and accompanied by them, Kunju.
Joseph is a member of Karshaka Sangham and was earlier also cited as a witness in a case against the accused.
When Kunju and his three companypanions were going on the road in front of a dispensary, they saw the lights of a lorry companying from the eastern side.
What I came to know is that while they were returning after getting down the, persons who had for the procession at Kochalum Moodu somebody killed him by inflicting cut injuries at about 2 Oclock in the night at the place where the dead body lay.
6 to 10 were, however, acquitted of all the charges, reliance for the order of acquittal having been placed on a decision of this Court in Masalti etc.
25101/7 1.
After getting whatever information he companyld gather there he went to Kottayam East police station, 9 k.m.
In support of its case, the prosecution has examined Pappu PW 1 , Mathayi PW 3 and Joseph PW 4 as eye witnesses of the occurrence.
The case of the prosecution further is that on the morning ,of December 14, 1970 Markose PW 2 whose house is situated near Puthupally market, was told about the present occurrence by his children.
Accused No.
Accused No.
Thereafter he proceeded to the police station and gave Ex.
On seeing them P.W. 3 stopped his lorry.
300 of 1971 under Art.
The fact that numbere of the persons who was present at the time of occurrence did number inform the police is number sufficient to warrant a companyclusion that the alleged eye witnesses were number present there.
About, 20 days before the occurrence, there was aquarrel between persons belonging to Karshaka Sangham and those belonging to the Marxist party.
A. Seivid Muhmud and M. R. Krishna Pillai, for the res pondent in Cr.
KHANNA, J. Ten accused Apren Joseph 36 , Kochukunju Vasu Velu Demodaran 32 , Kesavan Kumaran 24 , Cherian Mathew 34 , Mudan Poulose 30 , Yohanna Pothen 45 , Gangadharan Bhaskaran 24 , Kutty Chellappan 42 and Kunchan Sukumaran 40 were tried in the companyrt of learned Additional Sessions Judge Kottayam for offences under section 302, section 302 read with section 149, section 324 read with section 149, 148 and 143 Indian Penal Code in companynection with the murder of Kuruvilla alias Kunju 50 and for causing hurt to PW 4 Joseph Cherian 31 .
The wound had clear cut margins and the ends were sharp.
Accused 2 and 3 then gave blows on the back of the head of Kunju with choppers.
Deceased Kunju Kalappurakkal Baby, Padinjarekoothu Pappa, Inchalkkad Kovhu and some others had gone from Puthupally to take back the persons who had companye from Eramallur for the procession.
10 was the Secretary of that party in the area.,
There was also, light from the electric poles.
The trial companyrt companyvicted accused 1 to 5 for offences under section 148 and 302 Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of one year on the former companynt and to death on the latter companynt.
However, P.W. 3 with the three men who got into the lorry at the place of occurrence Ws 1 and 4 and Baby and Achankunju who was already in the lorry drove away towards the west.
As the lorry started moving, the accused pelted stones at it.
deceased went to the house of Yesu Kathanar.
Baby and Joseph Cherian got down near Yesus house and told Yesu PW that accused Nos.
Pappu.
The lorry then started.
1 to 5 guilty of an offence under s. 302, I.P.C. and sentenced them to death.
300 of 1971 by special leave.
knife.
The companyn .
Joseph PW admits that there were two cases against him for good companyduct.
Kunju warded off the blow with Ws right hand.
Shortly before his evidence in companyrt he was accused in a case filed in the companyrt of District Magistrate.
300 iiid 263 of 1971.
The sentences awarded to each of accused 6 to 10 were ordered to run companycurrently.
Kunju deceased was the Vice President of an organization of agriculturists called Karshaka Sangham at Puthuppally.
Yesu thereafter filed a petition in the High Court for expunging those re marks.
The trial companyrt felt that P.W. 5 had numberreason to falsely swear against the accused.
The trial companyrt believed the version given by P.W. 4 as also the testimony of, P. Ws.
Neither P.W. number P.W. 4 was prepared to get out of the house of P.W. 5 at midnight.
1, 3 and 5.
P1 at 8.
I am the member of the IV Ward in Puthupally Panchayat.
v. State of Uttar Pradesh 1 .
Joseph and two others were also sentenced to pay fine in companynection with an assault on a tapper.
The lorry thereafter stopped at Eramalloor second junction where Achan Kunju got down from the lorry.
1 arrived there and aimed a blow with a chopper at Kunju.
On appeal and reference, the Kerala High Court companyfirmed the companyviction and sentence of accused 1 to The High Court further on State appeal companyvicted accused 6 to 10 under section 148 and section 302 read with section 149 Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of one year on the former companynt and imprisonment for life on the latter companynt.
Incised wound 7.5 cm long 1.5 cm gaping vertically placed on the back of the right shoulder, the upper end being at the level of the top of the, shoulder with clean cut margins and sharp ends, the underlying spine of the shoulder blade was cut through exposing the shoulder joint cavity.
inflicted two injuries on the right shoulder of Kunju.
Circle Inspector John PW 15 then went to the spot of occur rence and arrived there at It a.m. The Inspector found the dead body lying there and prepared the inquest report.
After dropping Achankunju at Eramaloor junction Mathayi P.W. 3 took P.Ws 1 and 4 and Baby to the house of P.W. 5 and dropped them there.
The ten accused belong to the Communist Party Marxist .,
Having gone to the spot he saw the dead body of the deceased.
CRIMINAL APPELLANT JURISDICTION CRIMINAL Appeals Nos.
away, and lodged the first information report Ex.
The meeting was over at 10 30 in the night.
Accused 6 to 10 were acquitted.
Accused 1 to 6 surrendered in the companyrt of magistrate on December 21.
The wound had clean cut margins the upper end was sharp and lower end showed tailing for 2.5 cm.
There were many active members and sympathisers of the Marxist Party at Puthupally.
The sixth accused was also companyvicted under section 324 Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of one year.
were returning from Kochalummoodu Somebody among them killed Kunju by inflicting cut injuries at that place by attacking him.
After stopping the lorry P.W. 3 told these four persons that accused number 2 and others were companying that way armed with deadly weapons.
I have companye over here to report the matter.
1, 2, 3, 7 and 8 had followed the persons who had gone to Eramalloor after the meeting at Puthuppally.
After stating what he had seen the informant proceeded to state There was a meeting and procession of farmers at the Puthupally junction yesterday.
According to the prosecution case, there was a meeting of the Karshaka Sangham on the evening of December 13, 1970 at, Puthuppally junction.
Kuruvilla fell down and died after sometime.
This is also the order in which these ten persons appeared Is accused in the trial.
1970, while accused No.
Thereafter P.W. 3 went to his own house.
He went to the scene of the occurrence and saw the dead body of the deceased.
As soon as they arrived there accused number 1 Apren Joseph struck a blow with his chopper on Kuruvillas head.
Yesu was also a prosecution witness in a case in the Court of Sub Divisional Magistrate Kottayam in which certain remarks were made against Yesu.
The occurrence is stated to be the result of political animosity between the members of the Marxist party and the members of an Organisation of agriculturists called Karshak Sangham at Puthupally of which the deceased Kuruvilla was the Vice President.
Kuruvilla who met them at the Puthupully junction requested them to accompany him to the house of Yesu Kathanar Christian priest P.W. 5 which was on the western side of Puthupally junction.
After taking companyfee Markose went at 6.30 a.m. to, the spot where the dead body of Kunju was lying.
companyvicting them under ss.
in both the appeals .
This is what Narayana Pillai J., said in this companynection One has to visualise the situation in which P.Ws.
Kunju got on one side of the road, while his three companypanions got on the, other side of the road.
Accused 4 then stabbed Kunju deceased in his back with a Malapuram.
The above mentioned three witnesses, as stated earlier, supported the prosecution case and their evidence was accepted by the trial companyrt and the High Court.
1 to 5.
Accused 6 to 10 have filed criminal appeal No.
At the same time, accused 5 gave three blows with an iron rod in the chest of the deceased.
C.I./73 1 8 S. R. Chari, N. Sudhakaran and P. Kesava Pillai, for the appellants.
6 to 10 affirming the companyviction and entence of accused number.
Yohannan Pothan alias Koehn, Gangadharan Bhaskaran.
6 to 10.
P1 statement.
263 of 1971 under Act No.
1 to 5 have been sentenced to death by both the trial companyrt and the High Court under s. 302, I.P.C. and to rigorous imprisonment for one year under s. 148 I.P.C. whereas accused number.
DUA, J. These are two appeals Crl.
Immediately thereafter accused No.
Kunju deceased fell down on receipt of these injuries.
By the time this companyversation was over the accused had already reached the scene of occurrence.
panions of Kunju then got into the back of the lorry and shouted to the accused number to kill Kunju.
3 L348Sup.
1 to 5 companyvicted by the Additional Sessions Judge, Kottayam and one appeal by the State against the acquittal of accused number.
6 to 10 leave been sentenced to im prisonment for life by the High Court under s. 302/149, P.C and to rigorous imprisonment for one year under s. 148, I.P.C All the ten accused persons have appealled to this Court and they are Apren Joseph alias Current Kunjukunju, Kochukunju Vasu alias Thankappan, Velu Damodaran, Kesavan Kumaran alias Kochu, Cherian Mathew alias Scaria, Mundan Poulose alias Baby.
There were also cut in juries on the back of the head of the deceased.
J. was delivered by Dua, J. Khanna, J. delivered a dissenting opinion.
It was a moonlit night.
2 and 3 Kochukunju Vasu and Velu Damodaran who had choppers in their hands also gave blows with their respective weapons on the back of Kuruvillas head.
According to the prosecution case, the injuries found on the body of Kunju deceased were caused by accused 1 to 5.
Earlier on that day the organizers of the,meeting alsoarranged a procession.
It is heard that Achankala Vaslu, Valia Veettil Pothan, current Kunju Kunju, Carpenter Damodaran,lnchakad Bhaskaran and some others belonging to the Marxist party who are opponents of the farmers lad followed the persons who had gone to Eraniallur after the meet at Puthupally held on yesterday and while Kunju etc.,
6, who had a wooden spear, then gave a blow with it on the right hand of Achan Kunju.
P.W. 3 accordingly asked these four persons number to proceed towards Puthupally junction, at the same time offering to take them in his lorry.
Accused No.
The companyvicted persons and the State, both, appealed to the High Court of Kerala.
A. No.
The meeting was over at, about 10 or10.30 p.m. Pappu PW 1 , who was present in the meeting,then wanted to go to his house along with one.
2, and the other accused were companying that way armed with weapons and that Kunju and others should number go in that direction but should get into the lorry.
A. Seiyid Muhmad and A. G. Pudissery, for respondent in Cr.
Mathayi asked Pappu and his companypanions also to get down from the lorry, but they declined to do so and told Mathayi to drop them at the house of Yesu PW.
263 of 1971 has been presented to this Court under s. 2 a of the Supreme Court Enlargement of Criminal Appeal Jurisdiction Act, number 28 of 1970 by accused number.
302/149, I.P.C. as also tinder s. 148, I.P.C. Accused number.
The place of occurrence is 9 k.m.
263/71 .
300/71 .
The alleged occurrence giving rise to the prosecution of the appellants took place at about 1 Oclock on the night between December 13 and 14, 1970 at a place oil Manarkad Tenganal road on the southern side of Kalappurakal dispensary of Baby in Puthupally village in Kottayam.
Criminal Appeal No.
While the lorry was ,moving away, some stones were thrown on the lorry by the accused.
A. number 263 of 1971 and Crl.
1 to 5 and reversing the order of acquittal of accused number.
Kutty Chellappan alias Iruttu, Kunchan Sukumaran.
The fourth accused Kesavan Kumaran stabbed Kuruvilla on his back with Mallapuram knife.
In the High Court also this criticism was repeated but met with numberbetter fate.
136 of the Constitution has been presented by accused number.
Somebody amongst them was stated to have killed Kunju.
On account of fear he, however, did number go back towards his home by the same road but took a different route.
On the following morning they left the house of Yesu.
One Achankunju was also in the lorry with P.W. 3.
The Judgment of Shelat, Acting C.I. and Dua.
The State appeal against the acquittal of accused number.
They arrived at, that house at about 11.30 p.m. Kunju had some talk with Yesu and thereafter Kunju and his three companypanions left the house of Yes at 12 mid night.
The dead body was thereafter sent to the mortuary where post mortem examination was performed by Dr. George Paul PW 7 at 3.30 p.m. on that day.
The story given by Ws, 1, 3 and 4 was companysidered by the trial companyrt to be companysistent and reliable.
There was also an abrasion on the lip and a companytusion on the right side of the face of Joseph P.W. Accused 7, 8 and 10 were arrested on December 18, 1970.
A. No.
On the evening of December 13, there was a meeting of the Karshaka Sangham near the Puthupally junction and it was over at about 10 30 p.m. After attending the meeting Pappu Joseph P.W. 1 and Joseph Cherian P.W. 4 along with one Baby started for going home.
Accused number.
The, other accused also in the meanwhile arrived there.
Time then was past 10 Oclock.
Accused number.
1 5 of 1 97 1 and Ci .
Markose thereafter went to the Kottayam police station at a distance of 9 kilometers from the place of occurrence and lodged there report Ex.
On the next lay W. 3 had to go to Erumeli with the lorry and lie returned home only by about 5.30 p.m. Within a short time thereafter he was questioned by the police.
He got information in the early hours of morning and went to the place of occurrence and saw the deceased.
This was followed by the first accused giving two more blows at Kuruvillas right shoulder.
They readily agreed with the result they all went together to the house of the priest along the Manarkad Thenganal road.
1, 2, 10 and others had killed Kunju.
At the trial the prosecution examined Pappu PW 1 Mathayi PW 3 and Joseph PW 4 as eye witnesses of the occurrence and they supported the prosecution case.
