K ANGARA Vs. STATE OF KERALA

JUDGEMENT

(1.) In a case where a father is alleged to have killed his son, the sessions court convicted the father under Section 302 Indian Penal Code. and sentenced him to imprisonment for life. A Division Bench of the High Court confirmed the conviction and sentence. The father has come up in appeal by special leave.

(2.) The case of the prosecution is that there was some differences of opinion between the father and son in regard to the family property. They were all living together in the same house, along with Public Witness1, the wife of the deceased and Public Witness2, the mother of the deceased. The appellant Angara and his son Sanjeeva (deceased) were masons by profession. On 20/12/93, the appellant returned home after his masonry work by about 5. 00 p. m. The deceased was already at home. An altercation between the father and the son arose in the night during which appellant inflicted a cut injury on the abdomen of the deceased. He subsequently died of the injury.

(3.) Ext. P8 is the wound certificate prepared by Public Witness-3 doctor who saw the deceased before his death. Public Witness-4 is the doctor who conducted postmortem examination. He issued Ext. P9 report. The following are the injuries noted by Public Witness4 on the dead body of the deceased : (1) There is an incised wound on the abdomen