the relations between the landowners and the marxist companymunist party companysequently became strained.
at a distance of about 200 yards from the palm house near the eastern gale.
the learned sessions judge as mentioned earlier acquitted the accused on.
chokkunny was also told to companye after two days for cutting the trees.
krishnan deputed his agent chokkunny ezhuthassan pw 6 to cut and remove those trees.
volunni and krishnan then went to menankolambu at a distance of four or five furlongs from the place of occurrence.
in appeal before us mr.
sethu madhavan nair accused at that time was saying to the deceased how many persons would you kill with a revolver ?
velunni continued to stay in joys house.
velunni and krishnan then proceeded towards the palm house to which ananthakrishnan had gone earlier.
3000 to pw krishnan of village parli.
april 18 1969 chokkunny ezhuthassan accompanied by some wood cutters went to cut and remove the aforesaid trees but they were prevented from doing so by the harijans as according to those harijans a bund had been declared on that day in companynection with the agitation started by the karshaka thozhilali union.
ananthakrishnan deceased according further to the prosecution case sold 50 palmyrah trees for rs.
would you number withdraw the case when.
a.number 256 of 1970.
the accused then left that place.
krishnan stayed there while velunni went from that place to koduvayur.
the accused were arrested on april 24 and 25 1969 and were thereafter sent up for trial.
on the morning of april 20 1969 ananthakrishnan deceased accompanied by his elder brother velunni pw went to the house of joy pw 5 as a function had been arranged at that house in companynection with the sending of joys wife for delivery.
it cannumber be disputed that a large number of injuries were caused to ananthakrishnan decreased on april 20 1969 near the palni house as a result of which he died.
april 18 1969 sub inspector damodara menumber pw 12 went to the village of the parties to settle a dispute between the deceased and the members of the marxist companymunist party.
on seeing those persons velunni and krishnan went to the western side of the palm house on arrival there velunni and krishnan saw the 13 accused who were all armed with bamboo sticks resembling police lathis beating ananthakrishnan with their sticks.
shortly thereafter krishnan pw 2 came near joys house asking for ananthakrishnan.
on march 12 1969 it is stated four of the accused along with some others obstructed the workers of ananthakrishnan deceased when those workers were transporting manure in a cart to his field.
chandran who performed post mortem examination on the body of ananthakrishnan found five incised wounds besides 8 contusions two lacerated wounds and one abrasion over the different parts of the body of the deceased.
appeal from the judgment and order dated 15th december 1970 of the kerala high companyrt in crl.
the five incised wounds were as under an incised wound 3 cm x 5 cm x .25 cm oblique over the right parietal region.
was performed by dr.
a case was thereupon registered against the deceased.
asked ?.
the accused in their statements under section 342 of the code of criminal procedure denied the prosecution allegations against them regarding their participation in the present occurrence.
the dead body was thereafter sent to palghat where post mortem examination.
about one or two months before the present occurrence an agitation had been started by karshaka thozhilali union which was affiliated to the marxist companymunist party for the enhancement of wages payable to agricultural labourers.
numberevidence was produced in defence.
the 13 accused thereafter filed the present appeal against the judgment of the high companyrt.
the deceased filed a companyplaint under sections 148 and 341 indian penal code before the district magistrate against those persons.
after the departure of the accused velunni and krishnan pws went to the spot where annanthakrishnan was lying and found that he was dead.
t. harindernath and a. g. puddssery for the respondent.
the sub inspector on that occasion recovered an unlicensed revolver which ananthakrishnan deceased had thrown into a field.
after the beating had companytinued for six or seven minutes sethu madhavan nair accused cried a halt saying that anan thakrishnan was dead.
v. s. chandran at 9 20 a. m. on april 21.1969.
criminal appellate jurisdiction criminal appeal number 16.
a writ petition was also filed in the high companyrt by the deceased for directing the authorities to provide protection to him and his workmen in carrying on agricultural work.
he was also secretary of the karshaka samajani an organization of landowners.
hiring a taxi in koduvayur velunni went to police station kasaba at a distance of 8 kilometres from the place of occurrence and lodged there report p 1 at 2 p.m. after the registration of the case.
as there was strike and picketing by the marxist workers ananthakrishnan deceased and his brother velunni pw 1 addressed an application to the district companylector on april 11 1969 requesting that police protection might be given to willing workers and others whom they might employ from neighbouring areas for agricultural work.
ananthakrishnan deceased was a landowner of village thanni sseri.
as a result of that agitation the landowners found difficulty in companyducting their agricultural operations.
k. t. harindra nath has canvassed for the correctness of the judgment of the high companyrt.
velunni and krishnan saw the occurrence while hiding themselves behind a fence at a distance of about 35 feet towards the west of the place of occurrence.
inspector karunakarn pw 13 went to the place of occurrence and reached there at 3 30 p. m. the inspector prepared the inquest report.
after the tea party was over ananthakrishnan left joys house at about 10 a.m. saying that he wanted to see whether the person to whom palmyrah trees had been sold had companye to cut those trees.
r. kunhirama and a. s. nambiar for the appellants.
of 1971.
the ground that there was numberreliable and covincing evidence against them.
k r. kunhirama menumber on behalf of the appellants has assailed the evidence adduced by the prosecution and h has companytended that it is of a most unsatisfactory character for founding thereon the companyviction of the accused.
the accused are workers of the local marxist companymunist party.
the judgment of the companyrt was delivered by khanna j. sethu madhavan nair and 12 others were tried in the companyrt of the learned sessions judge palghat for offences under sections 148 and 302 or in the alternative under section 302 read with section 149 indian penal companye and were acquitted.
in order to substantiate the above allegation the prosecution has examined velunni pw 1 and krishnan pw 2 as eye witnesses of the occurrence and they have supported the prosecution case as given above.
