N Criminal Appeal No 234 of 1973
From the Judgment and Order dated 481972 of the Madras High Court in Criminal Appeal No 23 of 1971
RK Garg Gopal Singh and LR Singh for the Appellants
KG Bhagat AV Rangam Umanath Singh VC Nagaraj and RB Misra for the Respondent
The Judgment of the Court was delivered by BC RAY J
This appeal on special leave is directed against the Judgment and Order of the High Court of Judicature at Madras dated 481972 in Criminal Appeal No 23 of 1971 whereby the appeal was dismissed and the conviction and sentences passed by the Court of Sessions east Thanjavur Division at Nagapattinam against the accused nos
1 2 12 13 17 18 19 and 20 were confirmed
The prosecution case is as follows All the accused appellants are residents of various villages within Keevalur Police Station
The first accused is the leader of the Left Communist Party are also of the Harijan Kisans of five neighbouring villages
Accused nos
17 and 18 are the leaders of the Left Communist Party at Keezha Venmani village
There were serious differences between the Mirasdars and the Harijan labourers regarding the fixation of wages for harvest
These troubles started in 1967 and the Kisans have been agitating for higher wages by taking processions and convening meetings
There was a settlement in 1967 whereby the Mannargudi agreement was made between the parties providing for additional half measure of paddy to the Harijan labourers
This settlement was enforced from January 1968 but in November 1968 the Harijan labourers demanded uniform wages of six measures of paddy per kalam of paddy harvested and in case this six measures of paddy was not paid the labourers trespassed into the lands and illegally harvested paddy crops
This created the trouble as the local Harijan labourers refused to work at a low wage and demanded higher wages
There was the Paddy Producers Association having its offices in several villages
PW 1 Gopal Krishna Naidu was the President of 204 Paddy Producers Association of Nagai Taluk and PW 19 Ramu Plllai was the President of the Association at Irukkai and he deceased Packiriswami Pillai was a member of the Association
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 12 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 Packiriswami Pillai since deceased alongwith other labourers of Irakkai came to harvest the paddy crops from the fields of the Mirasidar PW 15 at about 9 am
It appears that on apprehending trouble PW 15 sent Exhibit P 9 to the Inspector at Keevalur Police Station and Exhibit P 8 to the Vallvalam Police Station requesting for sending some police men so that harvesting of crops might be done peacefully
The harvesting of crops was over by 530 pm and each of the labourers were fed with Sambar Satham
Each of them were paid 4 12 measures of paddy per kalam
PWs 25 26 and one Rangayyan left immediately as they wanted to go to Thevur for seeing a picture
The seventeen Irukkai people started for home sometime thereafter
The Irukkai labourers reached the east west Harijan Street at about 730 pm PWs 42 and 43 purchased betels in the shop of PW 30 Subramaniam of the main road
There was moon light and electric light
There were bamboo clusters in the form of a hood on either side of the east west Harijan Street near the second electric lamp post from the west
At the east west Harijan Street PWs 31 32 34 to 44 saw a crowd of 10 to 15 persons standing
In that crowd PWs
31 32 34 to 37 saw accused Nos 1 and 2 armed with aruvals
Tile crowd questioned them as to which place they belonged to whereon they replied that they belonged to Irukkai
Immediately A l Gopal cried out Do not leave Irukkai people cut them beat them A crowd of about 50 persons being armed with aruvals sticks etc
came running towards the Irukkai people
PWs 31 32 34 to 37 while running found Packiriswami Pillai tripping and falling down near the electric lamp post on the Harijan Street
Accused Nos 1 and 2 and some others in the crowd also lifted him 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 1 and they were leaving him behind and running
PWs 31 32 and 34 to 37 saw the first accused cutting Packiriswamy Pillai with aruval on his neck and on his head
PWs 31 32 347 35 36 and 37 205 ran towards the Caste Hindu Street and ultimately entered into the house of PW 47
Another crowd of 50 60 persons armed with aruvals and sticks came from the south and they caused injuries on the persons of PWs 54 and 55 who came out of their houses
On the same day at about 800 pm PW 79 Inspector of Police Keevalur Police Station on getting information that some persons armed with lethal weapons were parading on the main road beyond Thevur and towards south after requisitioning a vehicle van from Nagapattinam Police Station sent PW 72 the Head Constable with the van for road patrolling between Thevur and Killukudi
PW 72 with some SAP men went to Keezha Vanmani and after collecting the injured persons from the house of P W 47 as well as collecting the injured PWs 54 and 55 in the van came to the Keevalur Police Station where PW 79 Inspector of Police recorded the statement of PW 54 who was lying seriously injured in the van and registered the same as Crime No 326 of 1968 of Keevalur Police Station
He thereafter recorded the statements of PW 55 in the van and recorded the statements of other PWs
34 to 37 in the Police Station
Thereafter PW 79 at about 1145 pm left for Keezha Venmani and reached at about 1200 mid night
He met PW 31 there
PW 79 then went to Nadu street alongwith PW 31 and found the dead body of Packiriswami Pillai kept leaning against a Coconut tree with multiple injuries
P W 79 recorded the statement of P W 31 and registered the same as Crime No 328 of 1968
The learned Sessions Judge after duly weighing the evidences of PWs
found inter alia that there was electric light and also moon light at the time of the occurrence
PWs 31 32 and 34 to 37 witnessed the fatal injuries caused by aruvals on the head and neck of Packiriswami Plllai by Gopal A l
It was also held that the crying out by the deceased Packiriswami Pillai that Gopal A 1 was cutting him was in the nature of Dying Declaration and no motive could be ascribed for the deceased to falsely implicate the accused A 1 Gopal at that moment
Moreover the injuries sustained by PWs 34 to 36 with all probabilities establish the presence of these PWs
at a close range and seeing the occurrence
There was also overwhelming evidence as to the presence of A 1 in the crowd
The learned Sessions Judge found accused No 1 guilty of offence under section 302 IPC and sentenced him to imprisonment for life
He also found the accused No 1 alongwith accused Nos 2 13 17 and 18 guilty of murder under s148 IPC and sentenced each of them to undergo rigorous 206 imprisonment for two years
Accused Nos 1 and 2 were also held guilty of the offence under section 364 IPC and sentenced each of them to undergo rigorous imprisonment for 5 years
All these sentences will run concurrently
Out of 22 accused 14 of the accused were acquitted and 8 of them ie accused Nos 1 2 12 13 17 18 19 and 20 were convicted under various offences and they were sentenced to suffer rigorous imprisonment for various terms
Against the aforesaid judgment and order of conviction all the 8 accused persons failed Criminal Appeal No 23 of 1971
The appeal was dismissed and the conviction of all the accused appellants for various offences and sentences of imprisonment awarded against each of them were confirmed
Mr Garg learned counsel appearing only on behalf of the accused appellant No 1 has submitted before this Court that he will argue in this appeal only on behalf of the accused appellant No 1 Gopal and as regards accused appellant No 2 he further submitted before us that the appellant No 2 Ramayyan who was convicted under section 364 I P C and sentenced to undergo rigorous imprisonment for five years may be granted exemption from undergoing the remaining term of the sentence
It has been firstly contended by Mr Garg learned counsel that the statement of PW 54 Packiriswamy Poraiyar exhibit P 11 which was recorded by PW 79 and registered in Crime No 326 of 1968 did not mention about the attack on deceased Packiriswami Pillai or any Irukkai people
It has also been submitted that PW 72 Head Constable who collected the injured person PWs 54 55 and 34 to 37 in the van and took them to the Police Station at Keevalur also did not tell about the attack on the deceased Packiriswami Pillai
It has been therefore submitted that the statements of PWs
34 to 37 were recorded not at the Police Station immediately after recording statement of PW 54 ie Exhibit P 11
It has also been submitted that the accused Gopal A 1 who is well known to the Mirasdars has been falsely implicated at the instance of PW 1 who as stated by PW 72 came to the place where PW 72 was bringing in the injured persons in the van ie PWs 54 55 and 34 to 37 for bring them to the Police Station
This submission has no legs to stand upon
It has been held by both the courts below that the evidences of PWs 34 to 37 were recorded by the Inspector Keevalur Police Station PW 79 as soon as they were brought to the Police 207 Station at about 1030 am
All these witnesses have clearly stated in their depositions that they witnessed A 1 Inflict cutting injuries on the neck and head of Packiriswami Pillai after lifting him alongwith other accused and carrying him to the east of Harijan Street
The court of appeal below has rightly held that PW 54 was only concerned with the incident that occured before his house and as such in Exhibit P 11 there was only the reference to the said incident
It was also held that PW 79 in his deposition refuted the suggestion that he did not examine PW 34 to 37 at the time alleged by him
Moreover all these PWs 34 to 37 suffered several injuries being chased by the crowd while running towards the house of PW 47
Therefore evidences of all these eye witnesses as well as of PW 31 were believed by both the courts below that A 1 caused fatal cut injuries on the person of deceased Packiriswami Pillai
PW 65 Dr Madan Gopal Assistant Surgeon Government Hospital Nagapattinam who conducted post mortem also stated in his deposition that out of the 11 injuries caused on the person of deceased Packiriswami Pillai the injuries Nos 1 and 2 which could have been caused by single cut was sufficient in the ordinary course of nature to cause death
The Doctor has also stated in his evidence that after the infliction of injury No 1 the injured could have shouted out
There is therefore ample evidence to negative the submission that the accused No 1 was falsely implicated
Moreover PW 72 has stated in his deposition that he is deaf and as such he could not hear whether PWs 34 to 37 stated about the injureis caused by A 1 on deceased Packiriswami Pillai
He also stated that he heard PWs 34 to 37 uttering Packiriswami Packiriswami
It was rightly held by both the courts below that PW 72 was deaf and could not hear what they told him
The non mentioning of attack on Packiriswami Pillai by PW 54 in his statement does not in any way lead to the inference that the statements of PWs
34 to 37 were recorded after recording of the statement of PW 31
It has been tried to be submitted in this connection that the statements of these PWs were recorded in plain sheet of paper instead of recording in diary form and this raises suspician that the statements of the PWs 34 to 37 were not recorded immediately after the recording of the statement of PW 54
This submission was also set at naught by the courts below by holding that PW 79 recorded the statements of PWs 34 to 37 in the Police Station after recording of the statements of PWs 54 and 55
The mere recording of 208 statements in plain sheet instead of in diary form in these A circumstances does not lead to any where in view of the clear evidence of PW 79 which was believed by both the courts below that the statements of these PWs
were recorded by him immediately after recording the statement of PW 54 Exhibit P 11
It was submitted that had PWs 31 32 and 34 to 37 known about the attack on deceased Packiriswami Pillai and his being carried away it was unlikely that they would not have informed PW 1 who came there as stated by PW 72 and PW 1 in that case would have taken further action in the matter with the help of PW 72
This submission has also no merit
It has been held by the court of appeal below that PWs 31 32 and 34 to 37 clearly stated in their evidence that they did not see PW 1 at all
The evidence of PW 1 was that he did not go to Caste Hindu Street at that time
In view of these evidences the court of appeal below held that the evidence of PW 72 to the effect that PW 1 came near the house of PW 47 could not be accepted
it was also pointed out by the court of appeal below that PW 72 has not spoken about presence of PW 1 at that time either in Crime No 326 or in Crime No 328 of 1968
It was only during the investigation in Crime No 327 of 1968 namely the connected arson case PW 72 made the above statement
Therefore this submission is not sustainable
It was submitted by Mr Garg that had PWs 34 to 37 stated in their statements which were recorded by PW 72 at Keevalur Police Station about the attack on Packiriswami Pillai then that statement would have been recorded separately and a separate crime number would have been given to it as was done in recording statement of PW 31 and registering it in Crime No 32 of 1968
It was therefore suggested that PWs 34 to 37 were examined by PW 79 only after recording statement of PW 31
This submission was also urged before the Court of appeal below and it was held that it was not improbable that because at the time of the recording of statement of PWs
34 to 37 P W 79 was not aware of the death of Packiriswamy Pillai so he did not consider it a grave crime and did not register it separately as spoken to by him
PW 79 further stated in his evidence that both the occurrences namely attack on PWs 54 and 55 and Packiriswami Pillai formed part of one and the same transaction
PW 79 further admitted that he ought not to have registered a separate case in Crime No 328 of 1968 on the statement of PW 31
It was 209 rightly held by the Court of appeal below that PW 79 adopted irregular procedure in registering separate crime number on the basis of the statement of PW 31 and this cannot lead to the inference that PWs 34 to 37 were examined only after examination of PW 31
It was rightly held by the Court of appeal below that these irregularities committed by PW 79 in not recording the statement of PWs
34 to 37 in Case Diary Form and registering the separate crime number on the statement of PW 31 could not militate against the prosecution case
No motive has been suggested against PW 79
It was lastly submitted before us by Mr Garg that in view of the sentence already suffered by A l and A 2 this Court should remit the remaining period of their sentence
We are unable to accept this submission advanced by Mr Garg
Mention may be made in this connection to the observations of this Court in State of Maharastra vs Mayer Hans George AIR  which are as follows It is the settled rule of the Supreme Court that it would not interfere with the sentence passed by the Courts below unless there is an illegality in it or the same involves any question of principle
 As we have already stated herein before that the accused 1 and 2 have been convicted by the courts below on the finding that the offences charged against them have been proved by the eye witnesses beyond any reasonable doubt
There was no illegality nor any question of principle involved in the matter of making order sentencing them to imprisonment as provided in sections 302 and 364 of the Indian Penal Code
Therefore we are not inclined to interfere with the sentences passed by the Courts below
It is pertinent to mention here the observations made by this Court in Pritam Singh vs The State AIR 1950 SC 169 which are as follows It will not grant special leave to appeal under Article 136 1 of the Constitution unless it is shown that exceptional and special circumstances exist that substantial and grave injustice has been done and the case in question presents features of sufficient gravity to warrant a review of the decision appealed against and that only 210 those points can be urged at the final hearing of A the appeal which are fit to be urged at the preliminary stage when leave is asked for
It is well established that this court does not by special leave convert itself into a court to review evidence of a third time
Where however the court below fails in apprehending the true effect of a material change in the versions given by the witnesses immediately after the occurrence and the narrative at the trial with respect to the nature and character of the offence it seems to us that in such a situation it would not be right for this court to affirm such a decision when it occasions a failure of justice This decision has been relied upon and followed in a subsequent decision of this Court in Sadhu Singh Harnan Singh vs State of Pepsu AIR
In the premise aforesaid we do not find any infirmity for less any illegality or failure of justice which would impel us to interfere with the order of conviction and sentence concurrently arrived at by both the courts below
We therefore dismiss the appeal and confirm the convicFPJ tion and sentences passed on accused Nos
A l and A 2 as well as on other appellants
MLA Appeal dismissed


Summary:
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 12 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 530 PM after harvesting of crops from the fields of PW15
They reached the east west Harijan Street at about 730 PM mere was moon light and electric light
There PWs 313234 to 44 saw a crowd of 10 to 15 persons standing
In that crowd PWs 313234 to 37 saw accused Nosl 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 PWs 313234 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
PWs 3132 and 34 to 37 saw the first accused cutting Packiriswami Pillai with aruval on his neck and on his head
PWs 3132 343536 and 37 ran towards the Caste Hindu Street and ultimately entered into the house of PW47
Another crowd of 50 60 persons armed with aruvals and sticks came from the 200 south and they caused injuries on the persons of PWs 54 and 55 who came out of their house
On getting information at about 800 PM PW72 the Head Constable with some SAP men went to Keezha Vanmani and after collecting the injured persons from the house of PW47 as well as collecting the injured PW54 and 55 in the van came to the Keevalur Police Station where PW79 Inspector of Police recorded the statement of PW54 and registered the same as Crime No 326 of 1968
He thereafter recorded the statements of PW55 and PWs
34 to 37 in the Police Station
At about 1145 PM PW79 left for Keezha Vanmani and met PW31 there
Then both of them went to Nadu Street and found the dead body of Packiriswami Pillai with multiple injuries
PW79 recorded the statement of PW31 and registered the same as Crime No 328 of 1968
Out of 22 accused the Sessions Judge acquitted 14 and convected 8 namely accused Nos121213171819 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 PWs 3132 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 Declaration and no motive could be ascribed for the deceased to falsely implicate the accused A l Gopal at that moment 3 that the injuries sustained by PWs 34 to 36 with all probabilities establish the presence of these PWs
at a close range and seeing the occurrence and 4 that there was also overwhelming evidence as to the presence of A l in the crowd
The appeal of all the 8 accused persons filed before the High Court was dismissed
Dismissing the appeal to this Court  HELD  1
m ere is no infirmity far less any illegality or failure of justice which would impel the Supreme Court to interfere with the order of conviction and sentence con currently arrived at by both the courts below
210 D 2i PWs
34 to 37 have clearly stated in their depositions that they witnessed A l inflict cutting injuries on the neck and heat of Packiriswami Pillai after lifting him along 201 with other accused and carrying him to the east of Harijan Street
The court of appeal below has rightly held that PW 54 was only concerned with the incident that occurred before his house and as such in Exhibit P 11 there was only the reference to the said incident
It was also held that PW 79 in his deposition refuted the suggestion that he did not examine PW 34 to 37 at the time alleged by him
Moreover all these PWs 34 to 37 suffered several injuries being chased by the crowd while running forwards the house of PW 47
Therefore evidences of all these eye witnesses as well as of PW 31 were believed by both the courts below that A l caused fatal cut injuries on the person of deceased Packiriswami Pillai
207 A C 2ii PW 65 Assistant Surgeon Government Hospital who conducted postmortem also stated in his deposition that out of the 11 injuries caused on the person of deceased Packiriswami Pillai the injuries Nos 1 and 2 which could have been caused by single cut were sufficient in the ordinary course of nature to cause death
The doctor has also stated in his evidence that after the infliction of injury No 1 the injured could have shouted out
There is therefore ample evidence to negative the submission that the accused No 1 was falsely implicated
Moreover PW 72 has stated in his deposition that he is deaf and as such he could not hear whether PWs 34 to 37 stated about the injuries caused by A 1 on deceased Packiriswami Pillai
He also stated that he heard PWs 34 to 37 uttering Packiriswami Packiriswami
It was rightly held by both the courts below that PW 72 was deaf and could not hear what they told him
The non mentioning of attack on Packiriswami Pillai by PW 54 in his statement does not in any way lead to the inference that the statements of PWs
34 to 37 were recorded after recording of the statement of PW 31
207 D F 3i PW 79 recorded the statement of PWs
34 to 37 in the Police Station after recording of the statements of PWs 54 and 55
The mere recording of Statements in plain sheet instead of in diary form in these circumstances does not lead to any where in view of the clear evidence of PW 79 which was believed by both the courts below that the statements of these PWs
were recorded by him immediately after recording the statement of PW 54 Exhibit P 11
207 H 208 A 3ii PWs 3132 and 34 to 37 clearly stated in their evidence that they did not see PW 1 at all
The evidence of PW 1 was that he did not go to Caste Hindu Street at that 202 time
In view of these evidence the Court of appeal below held that the evidence of PW 72 to the effect that PW 1 came near the house of PW 47 could not be accepted
It was also pointed out by the Court of appeal below that PW 72 has not spoken about presence of PW 1 at about that time either in Crime No 326 or in Crime No 328 of 1968
It was only during the investigation in Crime No 327 of 1968 namely the connected arson case PW 72 made the above statement
208 C D 4
It was not improbable that because at the time of the recording of statement of PWs
34 to 37 PW 79 was not aware of the death of Packiriswami Pillai so he did not consider it a grave crime and did not register it separately as spoken to by him
PW 79 further stated in his evidence that both the occurrences namely attack on PWs 54 and 55 and Packiriswami Pillai formed part of one and the same trans action
PW 79 further admitted that he ought not to have registered a separate case in Crime No 328 of 1968 on the statement of PW 31
It was rightly held by the Court of appeal below that PW 79 adopted irregular procedure in registering separate Crime number on the basis of the statement of PW 31 and this cannot lead to the inference that PWs 34 to 37 were examined only after examination of PW 31
It was rightly held by the court of appeal below that these irregularities committed by PW 79 in not recording the statement of PWs
34 to 37 in Case Diary Form and registering the separate crime number on the statement of PW 31 could not militate against the prosecution case
No motive has been suggested against PW 79
208 G H 209 A B 5
The accused 1 and 2 have been convicted by the Courts below on the finding that the offences charged against them have been proved by the eye witnesses beyond any reasonable doubt
There was no illegality nor any question of principle involved in the matter of making order sentencing them to imprisonment as provided in 88 302 and 364 of the Indian Penal Code
Therefore the Court is not inclined to interfere with the sentences passed by the Courts below
209 E F State of Maharastra vs Mayer Hans George  applied
Pritam Singh vs The State  and Sadhu Singh Harnam Singh vs state of Pepsu AIR 1954 SC 271 referred to