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1977 Supreme(Ker) 289
Judges : P.NARAYANA PILLAI,S.K.KADER
NARAYANAN - Appellant
Versus
STATE OF KERALA - Respondent
Case No : Crl. A. No. 146 of 1977
Decided On : 12/19/1977
Advocates Appeared :
M. Ratna Singh; T. G. Rajendran; P. Kuruvilla Jacob; For Appellants Public Prosecutor M. B. Kurup; For Respondent
The judgment clarified the distinction between common object and common intention, emphasizing the need for a prearranged plan to establish common intention. It also highlighted the necessity of specific charges for constructive criminality under S.34 and S.149 of the IPC.
Headnote:
Conviction - Murder - S.302, S.149, S.307, S.143, S.148, S.323, S.324, S.326 - The court confirmed the conviction and sentence of the first accused under S.302 and the conviction of accused Nos. 3 and 6 under S.307 of the IPC. The convictions and sentences of accused Nos. 2 and 3 under S.302 of the IPC., of accused Nos. 4 to 7 under that section read with S.149 of the IPC., of accused Nos. 1. 2, 5 and 7 under S.307 read with S.149 of the IPC., of accused Nos.1 to 7 under S.143 and 148, of accused Nos. 3, 4, 5 and 7 under S.324 read with S.149 and of accused Nos. 1,2,3 and 6 under S.323 read with S.149 of the IPC. are set aside. As regards infliction of injuries on Chandrasekhara Kurup accused Nos. 2 and 3 are convicted under S.326 of the IPC. and sentenced, each to rigorous imprisonment for five years. For causing hurt to pws.1 and 2 the second accused and for causing hurt to pw. 3 the first and sixth accused are convicted under S.324 of the IPC. For each of the convictions under S.324 of the IPC. the second accused is sentenced to undergo rigorous imprisonment for one year. For the conviction under S.324 of the IPC. for causing hurt to pw 3 accused Nos. I and 6 are each sentenced to rigorous imprisonment for one year The sentences imposed upon accused Nos. 1,2,3 and 6 shall run concurrently Accused Nos. 4, 5 and 7 are convicted under S.323 of the IPC. There is no previous conviction proved against them. Invoking the provisions of S.360(3) of the Criminal Procedure Code instead of sentencing accused Nos 4,5 and 7 to any punishment they are released after due admonition.
Fact of the Case:
The appellants were convicted for various offences including murder, attempt to murder, and causing hurt to individuals. The incident took place at a bazaar, resulting in the death of one individual and injuries to others. The prosecution alleged that the accused acted in furtherance of the common object of an unlawful assembly.
Finding of the Court:
The court confirmed the conviction and sentence of the first accused for murder and the conviction of accused Nos. 3 and 6 for attempt to murder. However, the court set aside several other convictions and sentences, and imposed new convictions and sentences for specific offences.
Issues: The main issues revolved around the identification of the assailants, the nature of injuries, and the application of legal provisions such as S.149 and S.34 of the IPC.
Ratio Decidendi: The court clarified the distinction between common object and common intention, emphasizing the need for a prearranged plan to establish common intention. The court also discussed the necessity of specific charges for constructive criminality under S.34 and S.149 of the IPC.
Final Decision: The court confirmed some convictions and sentences, set aside others, and imposed new convictions and sentences for specific offences. The sentences imposed upon accused Nos. 1, 2, 3, and 6 were to run concurrently. Accused Nos. 4, 5, and 7 were released after due admonition.
1. The appellants are accused Nos.1 to 7 in Sessions Case No. 39 of 1976 on the tile of the Court of Session, Kozhikode. They were all convicted for various offences including murder and sentenced to imprisonment for life. There were three more accused persons in the case. They were acquitted.
2. In connection with the murder of one Chandrasekhara Kurup, who was son of pw. 11 and brother of Viswanatha Kurup and pw. 2, accused Nos.1 to 3 were convicted under S.302 of the Indian Penal Code. For the same offence accused Nos. 4 to 7 were convicted under that section read with S.149 of the IPC. For attempt to murder Viswanatha Kurup accused Nos. 3 and 6 were convicted under S.307 and accused Nos. 1, 2, 5 and 7 under S.307 read with S.149 of the IPC. Accused Nos.1 to 7 were convicted under S.143,148, 323 and 324 read with S 149 of the IPC. The convictions under S.323 and 324 were for causing hurt to pws 1 to 3. The prosecution case was that murder of Chandrasekhara Kurup, attempt to murder Viswanatha Kurup and causing of hurt to pws.1 to 3 were all in furtherance of the common object of an unlawful assembly of which the accused persons were members. As accused Nos.1 to 7 were sentenced to imprisonment for life for the conviction for murder no separate sentence was awarded to them for the other convictions.
3. The incident took place at or about 6.30 p. m. on April 20, last year at Nechooli bazaar within the jurisdiction of the Kunnamangalam Police Station.
4. Accused Nos.1 and 2 are brothers. Accused Nos. 3 and 4 are also brothers. The fifth accused is the fourth accused's son. Accused Nos. 6 and 7 are said to be friends and associates of the remaining accused persons.
5. The relationship between pw. 11 on the one side and the accused persons on the other was strained for some time past. Besides there being civil litigations there were proceedings before criminal courts also between them On the date when the occurrence took place a suit filed by pw. 11 against accused Nos. 3 4 and a criminal complaint filed by the ninth accused against pw. 11 and bis sons were pending.
6. The road where the incident took place lies east to west. Just before the occurrence when Chandrasekhara Kurup was going west along the road with pw.1 behind him and they reached a place near the shop of pw. 7 on the southern side of the road accused Nos.1 and 2, who were standing there, came near them. The first accused gave Chandrasekhara Kurup a slap on the face. The second accused took out a knife and with it stabbed Chandrasekhara Kurup on his back. Chandrasekhara Kurup cried and ran west. When he reached a place near the shop of pw. 2 accused Nos. 3,4,5,6 and 7, who were on the northern side of the road, rushed towards him. After declaring that Chandrasekhara Kurup would be killed the third accused stabbed him with knife on back. Then accused Nos.1 and 2 came near Chandrasekhara Kurup. The first accused grappled with Chandrasekhara Kurup. They both fell down. After the fall the first accused sat on Chandrasekhara Kurup's abdomen and with knife stabbed Chandrasekhara Kurup successively on chest. When the first accused stood up after that Chandrasekhara Kurup turn d and lay with face down. Then the third accused stabbed Chandrasekhara Kurup on back. Viswanatha Kuiupand pw. 2 rushed to the scene and implored the third accused not to kill Chandrasekhara Kurup. At (hat time the sixth accused beat Viswanatha Kurup with the cadjan, M. 0.4. Viswanatha Kurup fell down. Then accused No. 3 stabbed Viswanatha Kurup and accused No. 2 stabbed pws 1 and 2 with knives, and accused no. 4, 5 and 7 beat pw. 2 with bands. When pw. 3 came to the place the first accused stabbed him with knife and the sixth accused beat him with cadjan. After the incident the accused persons left the scene. Chandrasekhara Kurup died at the spot. The remaining injured persons were removed by the persons who gathered there to the Medical College Hospital at Calicut.
7. The Sub Inspector of Poli
