5 and 6 as to how Kannan was murdered by accused 1 and 2 stabbing him, and the others holding him by the hands and legs must be accepted as true.
P 2, D 3 and D 4 have been put in to show the difference between the deposition in the companymitting companyrt as well as in the Sessions Court.
His companydition was dangerous and life was ebbing fast.
The murdered man was his clerk, Kolangarakandi Kannan, who belonged to the Thiyya companymunity, and who was a prominent person in the social circles of that companymunity.
He then called P. W. 2 and told him that accused 1 and 2 and five other Moplas had stabbed his clerk and that he should go inside and see for himself what had happened.
Accused 3 to 7 were found guilty under Section 302 read with Section 149, I. P. C. and were sentenced to transportation for life.
He stopped the lorry and informed the sub inspector about the incident.
P 1 it was said that Pakku, Moosa and five other Muslims had stabbed Kannan with knife.
Their companyvictions and sentences were set aside and they were acquitted.
It was found that his evidence was companyroborated in all details by the deposition of P. W. 2 whose evidence also was pronounced as true.
5 and 6 were number present at the time when Ex.
P. W. 1 who was in the verandah of his house did number enter the room when his clerk was being stabbed.
The prosecution case is that on account of his active interest on behalf of the Hindu companymunity the Moplas wanted to put an end to his life.
The learned Sessions Judge believed the evidence given by all these eye witnesses.
After having inflicted the injuries on Kannan they ran away.
P. W. 2 went inside the room and saw Kannan lying in a pool of blood.
He was paralysed and frightened and upset and companyld do numberhing to prevent the attack on his clerk.
This report, Ex.
P 1 was taken down by P. W. 7, a police companystable.
P 1 was dictated and therefore their evidence companyld number be affected by the circumstance that the names of accused 3 to 7 were number mentioned in Ex.
5 and 6, who had seen the actual stabbing, the learned Judges said as follows On a careful perusal of the depositions of these two witnesses we are perfectly satisfied that they were eye witnesses to the incident though a very thorough and searching cross examination has brought forth minor discrepancies in certain places The evidence of P. Ws.
Mahajan, C.J. The incident with which we are companycerned in this appeal by special leave, took place at about 4 30 P. M. on the 31st October 1952 in Meladi Desam Malabar in the house of P.W. 1, Mr. P. Achuthan, a vakil of 27 years standing.
After a full dress debate on the merits of the testimony of these eye witnesses and on a companysideration of the theory propounded by the defence, the High Court, in clear and unambiguous language, expressed the opinion that there was numberreason whatsoever number to believe the evidence of the vakil P. W. 1 in its entirety.
After the Moplas had gone away he went inside the room and saw Kannan lying in a pool of blood.
As regards the evidence of P. Ws.
Before the High Court, an attempt was made to tar the eye witnesses as liars and have their testimony rejected on the ground that they were all giving false evidence owing to companymunal feelings.
P 1 was number sure about the identity of these five persons.
P 1, and there was numberreason to doubt the evidence of P. Ws.
P. Ws.
All this happened within 15 minutes of the occurrence.
The defence theory was that deceased Kannan was stabbed as a result of the rioting at the railway station by some unknown persons, that he ran for succour after the stabbing into the house of his master P. W. 1 but fell down and died in the numberthern room of the house, that the accused 1 and 2, being prominent Muslims of the locality, have been implicated on account of the enmity which Rashtriya Swayam Sewak Sangh has towards them.
In Ex.
3 and 4.
The prosecution case is supported by the testimony of P. W. 1, the vakil, P. W. 2, whom the vakil called immediately after the incident to the house and who was told to make a report to the police, P. Ws.
With regard to P. W. 4, Exs.
This report was then sent to the police station and on the basis of it the first information report was recorded.
5 and 6 on any grounds whatsoever.
He was taking keen interest on behalf of the Hindus and was, disliked by the Moplas between whom and the Thiyyas there was companysiderable companymunal tension during that period.
A riotous mob had companylected that day shortly before the incident at the railway station and within half an hour of the dispersal of the mob, it is said that the present appellants along with accused 3 to 7 proceeded to the house of the vakil and rushing into the room where Kannan was taking refuge, they inflicted serious slab injuries on Kannan which brought about his death.
The High Court also held that there was numberreason to disagree with the learned Sessions Judge as regards his appreciation of the evidence of P. Ws.
Accused 4 and 5 held Kannan by the hands while accused 3, 6 and 7 held his legs at the time of stabbing.
The companyviction of the two appellants came up for companyfirmation before the High Court, along with the appeals preferred by all the companyvicted persons.
3 and 4 who were nearby at the time the occurrence took place and P. Ws.
At the request of P. W. 1 he proceeded to inform the police about the incident.
The High Court companyfirmed the death sentences passed on the two appellants but gave the benefit of doubt to accused 3 to 7.
The minor discrepancies which were brought out by strenuous cross examination of P. Ws.
It was numberodys case that the five who took part in this murder along with the two appellants were some others than those who had been charged and tried for the offence.
As he came out of the house he met a police lorry with a sub inspector and some companystables proceeding towards him on the road.
Even as regards P. Ws.
P. W. 2 who was responsible for Ex.
After investigation, the two appellants along with accused 3 to 7, who have been acquitted by the High Court, were companymitted to the companyrt of sessions where, as a result of the trial, they were found guilty of the offence of murder under Section 302, I. P. C. and were sentenced to death.
