LexGOPAL & ORS. versus STATE OF TAMIL NADU
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GOPAL & ORS. v. STATE OF TAMIL NADU JANUARY 30, .1986 [V. BAIAKRISHNA ERADI AND B.C. RAY, JJ.] . , ·J 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. A B Practice and Procedur.e - Sentence - Question of - C Supreme Court - When would interfere. ~ 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 11111ch aggrieved by this bringing of men from outside for harvesting. of paddy. On 25th o December, 1968 one Packiriswami Pillai, since deceased, along- with 17 other labourers of Irakkai village was returning home at about S.30 P.M. after harvesting of crops from the fields of P.W.15. They reached the east-west llarijan Street at about 7.30 P.M. There was moon light and electric light. There, P.Ws. 31,32,34 to 44 saw a crowd of 10 to 15 persons standing, E In that crowd P.Ws. 31,32,34 to 37 saw accused Nos.l and :i. armed with aruvals. The crowd questioned them as to which place they belonged to, whereon they replied that they belong- ed to Irakkai. Immediately, A-1, 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 F down near the electric lamp post on the Harijan Street. 'nley also saw accused Nos. 1 arul 2 and some others in the crowd lifting the deceased by haruls, 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. P.Wa. G 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 ulti- __ , mately entered into the house of P.W.47. Another crowd of 50-60 persons armed with aruvals and sticks came from the H 200 SUPREME COURT REPORTS [1986] 1 S.C.R. A south and they caused injuries on the persons of P.\ls. 54 and ·"'~ 55 who came out of their house. On getting information at about 8.00 P.M., P.ll.72, the Head Constable, with some 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.ll.54 and 55 in the van came to·the Keevalur Police B Station where P.ll.79 (Inspector of Police) recorded the state- ment of P.ll.54 and registered the same as Crime No. 326 of 1968. He thereafter recorded the statements. of P.ll.55 and P.lls. 34 to 37 in the Police Station. At about 11.45 P,M, ', - P,\1,79 left for Keezha Vanmani and met P,\1,31 there. Then both of them went to Nadu Street and found the dead body of C Packiriswami Pillai with multiple injuries. P.ll. 79 'recorded the statement of P.ll.31 and registered the same as Crime No. 328 of 1968, D E F Out of 22 accused,the Sessions Judge acquitted 14 and convicted a .• namely, accused Nos. l,2,12,f3,17,18,19 and 20 under various offences and sentenced them to suffer rigorous imprisonment fqr various terms. Te Sessions Judge found the .::1 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 wit- nessed the fatal injuries caused by aruvals on the head and neck of Packiriswami Pillai by Gopal (A-1); (2) that the cryi1,1g 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 lllOllent; (3) that the injuries sustained by P.lls. 34 to 36 with all probabilities establish the presence of these P.lls. at a close range 'and seeing the occurrence; and ( 4) that there was also overwhelm-,,'· ing evidence as to the presence of A-1 in the crowd. The appeal of all the 8 accused persons filed before the High Court was dismissed. Dismissing the appeal to this Court, G HELD : 1. There 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 b
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