IMPORTANT POINT
Scope and ambit of s. 149, IPC.

JUDGMENT

P. Sathasivam, J. —

1) This appeal is filed against the final judgment and order dated 08.04.2005 passed by the Division Bench of the High Court of Kerala at Ernakulam in Criminal Appeal No. 952 of 2004 whereby the High Court dismissed the appeal of the appellants herein and confirmed their conviction and sentence under Sections 143, 147, 148, 342, 449 and 302 read with Section 149 of Indian Penal Code (hereinafter referred to as “IPC”) passed by the trial Court.

2) Brief facts:

(a) The victim, Usman @ Haneefa, aged about 24 years is the brother of Yasin (PW-4) and cousin brother of Mohd. Rafi (PW-1), the first informant. One Nasar (CW-15) was running Kodakassery Oil Mill at Mannambatta during the relevant period. The Oil Mill belonged to Appachan (CW-14) which was taken on rent by Nasar (CW-15). The victim is the brother’s son of Nasar and was also a worker and helper in the Oil Mill. There was enmity between Shaji (A-1), first appellant herein and the victim. Devarajan (A-2) and Haridas (A-3) are the brothers of A-1 and Kannan @ Gopalakrishnan (A-4) is the brother-in-law of A-1.

(b) On 31.12.2000, at about 3 p.m., the accused persons (Shaji, Devarajan, Haridas, Kannan @ Gopalakrishnan, Latheef and Unnikrishnan) formed themselves into an unlawful assembly came in a van armed with deadly weapons such as chopper, iron bars, iron pipe, wooden sticks etc. with the common object of doing away with Usman, who was sitting in the Verandah of the smoke house of the Oil Mill at Mannambatta. All the accused persons attacked him and finally, A-1 inflicted three cut injuries on his head with a chopper. Thereafter, they left the place of occurrence in the Van in which they came. At the time of occurrence, Mohd. Rafi (PW-1) and Geetha (PW-2), a worker in the Oil Mill were also present there. Mohd. Rafi (PW-1) along with Baby (PW-5), who came there, took Usman @ Haneefa to the nearest hospital where he was declared brought dead. At 6.00 p.m., PW-1 furnished his statement before the police and thereafter, the police registered a crime against Shaji and five other unnamed persons. During the investigation, the identities of other accused persons were also revealed. After the completion of investigation, the Circle Inspector of Police, Cherpulassery filed the charge-sheet against all the six accused persons before the Court.

(c) The Additional Sessions Judge, Palakkad, after examining 17 witnesses and other relevant materials passed an order dated 08.06.2004 and held A-1 to A-4 guilty of the offences punishable under Sections 143, 147, 148, 342, 449 and 302 read with Section 149 of IPC and sentenced them to undergo rigorous imprisonment for six months under Section 143, for one year under Section 148, for another term of six months under Section 342, again for two years under Section 449 and to undergo life imprisonment with fine of Rs.10,000/- with a default sentence under Section 302 read with Section 149 IPC and acquitted Accused Nos. 5 & 6. No separate sentence was awarded under Section 147 IPC.

(d) Challenging the judgment of the Additional Sessions Judge, Palakkad, Accused Nos. 1-4 filed Criminal Appeal No. 952 of 2004 before the High Court of Kerala. The Division Bench of the High Court, by impugned order dated 08.04.2005, dismissed the appeal and confirmed their conviction and sentence passed by the trial Court. Aggrieved by the said judgment, the appellants preferred this appeal by way of special leave before this Court.

3) Heard Mr. T.N. Singh, learned counsel for the appellants and Mr. T.S.R. Venkata Ramana, learned counsel for the respondent-State.

4) Mr. T.N. Singh, learned counsel appearing for the appellants, at the outset, submitted that in view of the order of the State Government releasing Shaji (A-1), Appellant No.1 herein, by G.O. [MS] No. 47/2011/Home dated 18.02.2011 before the date of expiry of his life imprisonment by executing a bond on the conditions specified therein, he is not pressing the appeal insofar as A-