PAPPU Vs. STATE OF KERALA

JUDGEMENT

(1.) Four persons were arrayed before. Sessions Court for the murder of a man called Baby. The trial court convicted all the four accused under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to imprisonment for life. A Division Bench of the High Court confirmed the conviction and sentence. Those four persons are the appellants before us. Prosecution case is that on 11.10. 1986 at about 7.30 p. m. all the four appellants chased deceased Baby and first appellant Pappu inflicted a cut with a chopper on his back, second appellant, thomas and third appellant, Sebastian inflicted cut injuries on the neck and chest with knives. Baby fell down and died on the spot. The role attributed to the fourth accused Devassykutty is that he flashed a torch light presumably to provide light to the other assailants to inflict the injuries.

(2.) The motive alleged for the said murder is that the daughter of first appellant, pappu was raped by the deceased and she became pregnant and after the pregnancy was absorted, she had to join a nunnery.

(3.) The deceased Baby was treated by the prosecution itself as a notorious person. The incident was witnessed by three persons (PW. 1 Jayson, PW. 2 Paul and pw. 3 George). It was PW. 1 who lodged the F. I. R. The testimony of those witnesses were considered in detail by the trial court and the High Court found them acceptable. The injuries sustained by the deceased were described by the Doctor who conducted the post-mortem examination. The first three injuries were on the neck which cut some vital organs and those injuries really caused the death of the deceased. The fourth injury was on the abdomen which penetrated through the liver. The fifth and sixth injuries were not so serious as the other injuries.