Judgement

KHANNA, J.:- Sethu Madhavan Nair and 12 others were tried in the court of the learned Sessions Judge Palghat for offences under Section 148 and 302 or in the alternative under Section 302 read with Section 148 Indian Penal Code and were acquitted. On appeal by the State, the Kerala High Court reversed the judgment of acquittal and convicted the accused under Section 302 read with Sec.149 Indian Penal Code and sentenced each of them to undergo imprisonment for life. The 13 accused thereafter filed the present appeal against the judgment of the High Court.

2. Ananthakrishnan deceased was a landowner of village Thannisseri. He was also Secretary of the Karshaks Samajam, an organization of landowners. The accused are workers of the local Marxist Communist Party. About one or two months before the present occurrence, an agitation had been started by Karshaka Thozhilali Union, which was faailiated to the Marxist Communist Party, for the enhancement of wages payable to agricultural labourers. As a result of that agitation, the landowners found difficulty in conducting their agricultural operations. The relations between the landowners and the Marxist Communist Party consequently became strained. On 12-3-1969, 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. The deceased filed a complaint under Sections 148 and 341. Indian Penal Code before the District Magistrate against those persons. As there was strike and pickting by the Marxist workers, Ananthakrishnan deceased and his brother Velunni (PW 1) addressed an application to the District Collector 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. A writ petition was also field in the High Court by the deceased for directing the authorities to provide protection to him and his workmen in carrying on agricultural work. On April 18, 1969 Sub Inspector Damodara Menon (P.W.12) went to the village of the parties to settle a dispute between the deceased and the members of the Marxists. Communist Party. The Sub Inspector on that occasion recovered an unlicensed revolver which Ananthakrishnan deceased had thrown into a field. A case was thereupon registered against the deceased.

3. Ananthakrishnan deceased, according to the prosecution case, sold 50 Palmyrah tress for Rs.3,000 to P.W. Krishnan of village Parli. Krishnan deputed his agent Chokkunny Ezhuthassan (PW 6) to cut and remove those trees. On 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 them 1859 Harijans a bund had been declared on that day in connection with the agitation stated by the Karshaka Thozhilali Union. Chokkunny was also told to come after two days for cutting the trees.

4. 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 connection with the sending of Joy s wife for delivery. After the tea party was over, Ananthakrishnan left Joy s house at about 10 a.m. saying that he wanted to see whether the person to whom Palmyrah trees had been sold had come to cut those trees. Velunni continued to stay in Joy s house. Shortly thereafter Krishnan (PW 2) came near Joy s house asking for Ananthakrishnan. Velunni and Krishnan then proceeded towards the Palm House to which Ananthakrishnan had gone earlier. At a distance of about 200 yards from the Palm House near the eastern gate. Velunni and Krishnan saw a large number of persons holding sticks. 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 stic