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PETITIONER:

GOPAL & ORS.

Vs.

RESPONDENT:

STATE OF TAMIL NADU

DATE OF JUDGMENT30/01/1986

BENCH:

RAY, B.C. (J)

BENCH:

RAY, B.C. (J)

ERADI, V. BALAKRISHNA (J)

CITATION:

1986 AIR 702 1986 SCR (1) 199

1986 SCC (2) 93 1986 SCALE (1)132

ACT:

Constitution of India, 1950, Article 136 - Criminal

appeal - Conviction and sentence - Concurrently arrived at

by trial and Appellate Courts - Interference by Supreme

Court When arises.

Practice and Procedure - Sentence - Question of Supreme

Court - When would interfere.

HEADNOTE:

The Mirasdars used to bring labourers from outside for

harvest of paddy from their fields as local labourers were

reluctant to harvest paddy at the wage of 4 1/2 measures of

paddy. The local labourers were very much aggrieved by this

bringing of men from outside for harvesting of paddy. On

25th December, 1968 one Packiriswami Pillai, since deceased,

alongwith 17 other labourers of Irakkai village was

returning home at about 5.30 P.M. after harvesting of crops

from the fields of P.W.15. They reached the east-west

Harijan Street at about 7.30 P.M. mere was moon light and

electric light. There, P.Ws. 31,32,34 to 44 saw a crowd of

10 to 15 persons standing. In that crowd P.Ws. 31,32,34 to

37 saw accused Nos.l and 2 armed with aruvals. The crowd

questioned them as to which place they belonged to, whereon

they replied that they belonged to Irakkai. Immediately, A-

l, Gopal cried out "Do not leave Irakkai people, cut them,

beat them." P.Ws. 31,32,34 to 37 while running found

Packiriswami Pillai tripping and falling down near the

electric lamp post on the Harijan Street. They also saw

accused Nos. 1 and 2 and some others in the crowd lifting

the deceased by hands, legs and clothes. Then he was carried

to some distance towards the east. At that time Packiriswami

Pillai cried out that he was being cut by Gopal (A-l) and

they were leaving him behind ant running. P.Ws. 31,32 and 34

to 37 saw the first accused cutting Packiriswami Pillai with

aruval on his neck and on his head. P.Ws. 31,32, 34,35,36

and 37 ran towards the Caste Hindu Street and ultimately

entered into the house of P.W.47. Another crowd of 50-60

persons armed with aruvals and sticks came from the

200

south and they caused injuries on the persons of P.Ws. 54

and 55 who came out of their house. On getting information

at about 8.00 P.M., P.W.72, the Head Constable, with some

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S.A.P. men went to Keezha Vanmani and after collecting the

injured persons from the house of P.W.47 as well as

collecting the injured P.W.54 and 55 in the van came to the

Keevalur Police Station where P.W.79 (Inspector of Police)

recorded the statement of P.W.54 and registered the same as

Crime No. 326 of 1968. He thereafter recorded the statements

of P.W.55 and P.Ws. 34 to 37 in the Police Station. At about

11.45 P.M. P.W.79 left for Keezha Vanmani and met P.W.31

there. Then both of them went to Nadu Street and found the

dead body of Packiriswami Pillai with multiple injuries.

P.W.79 recorded the statement of P.W.31 and registered the

same as Crime No. 328 of 1968.

Out of 22 accused, the Sessions Judge acquitted 14 and

convected 8, namely, accused Nos.1,2,12,13,17,18,19 and 20

under various offences and sentenced them to suffer rigorous

imprisonment for various terms. Te Sessions Judge found the

aforesaid accused guilty of various offences on the grounds

(1) that there was electric light and also moon light at the

time of the occurrence and that P.Ws. 31,32 and 34 to 37

witnessed the fatal injuries caused by aruvals on the head

and neck of Packiriswami Pillai by Gopal (A-l); (2) that the

crying out by the deceased Packiriswami Pillai that Gopal

(A-l) was cutting him was in the nature of Dying Decl