MATHEW ALIAS MATHACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant has been convicted for murdering his father-in-law, Thomas alias Pappachan. The facts reveal that the appellant and his wife, P.W. 3 were not carrying on well. PW 3 had, therefore, left the appellant and was residing with her father. On October 7, 1978, at about 1.00 p.m. P. W. 3 took away her youngest child, Jiji, from the house of C.W. 4 where she was at the relevant point of time. On the appellant coming to know about the same, he went to the house of his father-in-law and a quarrel ensued. On the same day at about 6.00 p.m., while P.W. 1 and the deceased were passing by the shop of P.W.2, the appellant met them and once again there was an exchange of abuses, grappling and ultimately the appellant stabbed his father-in-law. There is no doubt that a scuffle had ensued between the two, both had fallen down and in the process the stab wounds were inflicted. The Trial Court, therefore, thought that the accused was provoked by the removal of his child, Jiji, from the residence of C.W. 4 where she was kept and on account of that provocation a quarrel had ensued between him and his father-in-law in the afternoon and later when they accidentally met at the shop of P.W. 2. In the course of the quarrel there was a heated argument followd by a scuffle and thereafter the knife wounds. In the backdrop of these facts, the Trial Court thought that the case fell within clause Thirdly of S. 300, IPC. The Trial Court, therefore, convicted the appellant under S. 304, Part 11 and awarded a sentence of rigorous imprisonment for six years. The High Court on a re-appreciation of the evidence concluded as under:

(2.) In the result, we allow this appeal and set aside the order of the High Court and restore the order of the learned Sessions Judge.