Myladimmal Surendran & Ors vs State Of Kerala

1. These appeals have been filed against the common judgment passed by the High Court of Kerala, at Ernakulam in Criminal Appeal Nos. 214 and 159 of 2005 filed by the 1 accused/appellant no.1 and accused/appellant no.3 to accused /appellant no.5 respectively whereby the High Court was pleased to confirm the conviction of the accused/appellants under Sections 143, 147, 148, 341, 302 read with 149 IPC, but partly allowed their appeals to the extent that the sentence of death imposed upon by the Sessions Court was converted to imprisonment for life.

3. We may now notice the facts.

4. On 25.5.1996, between 2:30 and 3:00 p.m. Sri Panniyannur Chandran accompanied by his wife, Arundhuti (hereinafter referred to as PW1) went to the 3 Thalassery Railway Station riding a motor bike to see off his brother-in-law to Madras. On their return, they met the father of the deceased, who told them that he was going to the ration shop to buy rice. On their way back, when they had almost reached home, they found that the road had been blocked by Arayakkamdy Sukumaran @ Suku (hereinafter referred to as A1), Thayyullathil Thazhekuniyil Pavithran @ Pavi (hereinafter referred to as A2), Myladimmal Surendran (hereinafter referred to as A3), Kaithayullaparambath Preman (hereinafter referred to as A4) and Kunhiparambath Purushothaman @ Purushu (hereinafter referred to as A5). They were all armed with deadly weapons. Though the deceased attempted to avoid them, he was unable to do so, as the engine of the motor cycle went dead. The wife jumped off the motorcycle just before it fell. She ran away. Then from a distance she saw that A1 assaulted the deceased with a billhook which injured his left hand. The deceased started running towards his house hotly chased by the accused armed with deadly weapons. The wife ran to the place where they had 4 met CW1. But hearing her screams, CW1 was already coming towards the trouble spot. On meeting CW1, she informed him about the incident. She then ran to the house of her husband thinking that the deceased must have reached home. Finding that her husband was not in the house, she again ran back, with the sister of the deceased, to the place of assault. She found the deceased lying with his head on the lap of his father. According to the wife, the incident occurred at about 4:45 p.m. At that time, she did not know the names of the accused. She was told the names by CW1 after three days.

5. The Policemen on picket duty reached the spot and took Panniyannur Chandran to the general hospital where he breathed his last at 5:50 p.m. The father of the deceased reported the incident which was recorded by the C.I. of Police, Thalassery. The investigation was carried on for sometime by the local Police but eventually for efficient investigation the case was transferred to the Crime Branch. PW17, a Detective Inspector of the Crime Branch conducted the investigation 5 from that point onwards. In the mean time A1 to A5 surrendered before the Addl. C.J.M, Thalassery and were remanded to custody. After investigation, PW17 submitted final report against A1 to A5 in the court of Addl. CJM, Thalassery for offences under Sections 143, 147, 148, 341 and 302 read with 149 IPC. At that stage A2 absconded. Therefore the case against A2 was split up and the case against A1, A3 to A5 was committed to the Court of Sessions, Thalassery. Since the accused pleaded not guilty they were duly put on trial.

6. By order dated 12.11.2004, the Sessions Court convicted the appellants herein for the offences punishable under Sections 143, 147, 148, 341 and 302 IPC. For the offences punishable under the aforesaid Sections (except Section 302 IPC) they were sentenced to undergo rigorous imprisonment for different periods, varying from two months to three years. They were, however, sentenced to death for the offence under Section 302, IPC.

13. At the outset, we may notice that this is one of those rare cases where the wife is an eye-witness to the murderous assault, which resulted in the death of her husband. She appeared in the Court as PW1. In her evidence, she has clearly stated that on 25.5.1996 she and her husband had gone to the local railway station to see off her brother on the train to Madras. They had set off from the house between 2.30 p.m. to 3 p.m. on her husband's motorcycle. They left the railway station after 3.45 p.m. On the way back home, they bought some apples from fruit stall and put them in a box attached to the motor bike. When they reached near the house they met CW1 father of the deceased. On being asked by her husband, CW1 told them that he was going to the Ration Shop to buy some rice. Whilst they were on their way home, they saw five persons standing in the middle of the road at the curve. On being obstructed, her husband tried to go round them. Tragically, however, the engine of the motorcycle somehow got switched off. She immediately jumped off the motorcycle, which in any event fell down. She then saw 15 one of the accused persons hack her husband with a billhook. Her husband tried to block the blow by raising his left arm which in the process got injured. She started screaming. While running away from the scene, she saw her husband also running towards the house, hotly pursued by the five assailants, waving their deadly weapons. She ran to locate CW1, who was already rushing towards the trouble spot, having heard her shrieks. She then witnessed the second assailant Purushu (A5) hack her husband with the billhook. She ran to the house of the deceased taking the canal road, thinking that he would have reached home by then. However, finding that her husband had not reached, she again rushed back to the scene of the incident, along with the sister of the deceased. It was at that time she saw her husband lying on the ground with his head on the lap of his father CW1. He had injuries all over his body and he was drenched in blood.

20. With the aforesaid consistent eye-witness account of three witnesses together with the evidence of the witnesses for the period immediately after the incident, in our opinion, it would be well-nigh impossible to disturb the concurrent conclusions reached by the trial court and the High Court. 23

14. 15 c.m. oblique gaping incised wound on (L) lateral thigh middle, cutting part of the muscles and 4 c.m. deep.

15. 9 c.m. linear cut exposing the (L) shoulder 5 c.m.

deep and cutting the (L) humeral head incising and exposing it.

16. Superficial transverse 5 c.m. long wound on back of (L) upper forearm (incised).

18. Superficial incised 2.5 c.m. transverse wound over the (L) wrist over the radial styloid.

oblique incised and 4 c.m. deep.

forearm back.

23. Minor contusion, abrasions three in number on (L) shoulder, two transverse and one linear.

24. Dark patches (L) flank abdomen (contusion) and on (L) knee, (L) le, . shin, . knee and . Side abdomen.

25. Skull is cut from midline to (L) parietal regions transversely reaching the dura, but without bleeding or injury to the brain.

27. Abdomen contains partially digested food materials.

28. Internal viscera pale, intact, including brain matter, liver, lungs, stomach, spleen, viscera and heart."

28. In our opinion, the High Court rightly rejected the submission, which was also reiterated before us, that the evidence of PW2 and PW3 should be rejected on the ground that they were chance as well as the partisan witnesses.

35. Upon a due consideration of the entire facts and circumstances of this case, we are of the considered opinion that the judgment of the High Court does not call for any interference. The appeals are dismissed.