Observation of fundamental principles by Courts in conviction accused persons.

This is an appeal by 76 accused (alleged to be the residuum of 1,000 rioters) in S.C.Nos.41 and 42 of 1950 on the file of the Court of Session, West Tanjore division. In the two cases, popularly known as the Nannalur Rioting case, there were in all 122 accused before the Court of Sessions. The charges against them were as follows:

"That you, accused 1 to 122, on or about the 14th day of April, 1948, at Singamangalam and Vadakku Nannalur, were members of an unlawful assembly, and in prosecution of the common object of such assembly viz., preventing the arrest of persons and rescuing of arrested persons concerned in the rioting at Thuruvarankollai Odai, Singamangalam on 12th April, 1948; and assaulting and murdering the Police party stationed at Vadakku Nannalur and wresting by force the rifles of the Police, committed the offence of rioting, that you accused 44, 47 and 49 were armed with deadly weapons and thereby committed an offence punishable under section 148 of the Indian Penal Code and the rest of you under section 147, Indian Penal Code and within my cognizance.

2. That you, accused 1 to 122, at or about the same time and place, and in the course of the same transaction, did an act, to wit, armed yourselves with sticks, aruvals, and other deadly weapons and attacked the Police party with stones, causing injuries to the Policemen with such intention and under such circumstances that if by that act, you had caused the death of the Policemen you would have been guilty of murder, and thereby committed an offence punishable under section 307 of the Indian Penal Code, and within my cognizance.

3. That you accused 1 to 122, at or about the same time and place attempted to commit dacoity an offence punishable under section 395 of the Indian Penal Code and within my cognizance.

And I hereby direct you to be tried before me on the said charges.

Dated this the 31st day of July, 1950."

(Sd.) K. Srinivasan,

Sessions Judge."

The learned Sessions Judge convicted 73 of the appellants under section 147, Indian Penal Code, and 3 of the appellants, namely, accused 44, and 47 and 49, who had been armed with deadly weapons during the course of the riot, under section 148, Indian Penal Code, and acquitted the rest. In view of the fact that all these accused had been in remand for more than two years during the pendency of this long drawn-out trial, he sentenced accused 44, 47 and 49 to undergo rigorous imprisonment for one year each and the other 73 accused to undergo rigorous imprisonment for 9 months each. He directed all the sentences to run along with any other sentences which they might be undergoing.

I have perused the records and heard the learned counsel for the appellants, Mr. Ramachandran and the learned Public Prosecutor contra. The facts were briefly these. In that locality there were three kinds of troubles and factions slowly growing, as is only natural in these post-war days of furious ferment.

One was between the landlords or mirasdars (many of the P.Ws. are mirasdars) and landless labourers to which class most of the accused belong. The second faction was between Congressmen like P.Ws.13, 19, etc., and Communists to which class most of the accused are said to belong. Some of the accused, like Accused 37, were “rival congressmen” or “ex-congressmen”. The third faction was between Caste Hindus to which class many of the P.Ws. belong, and Harijans and Pallas to which class many of the accused belong. The threefold faction came to a head in April, 1948. On 12th April, 1948, some Congress leaders going round on their propaganda work were waylaid and attacked by a huge hostile mob near the outskirts of North Nannalur village. The car by which they were travelling was stopped and smashed and overturned, and it lay by the side of the road at a place called Thurvarankollai Odai, a couple of furlongs to the north of the village. In connection with the investigation into this case of noting, a police party proceeded to Nannalur. Two con