VARKEY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Special Leave granted.

(2.) The appellant was charged, found guilty and convicted under S. 302, IPC and was sentenced to undergo rigorous imprisonment for life for causing the death of his brother Mathew on August 5, 1988 at about 8 a.m. in their Ramanattu house in Mazhuvannur in Kerala State. It was confirmed on appeal by High Court of Kerala in Criminal Appeal No. 349 of 1989 dated February 6, 1992. Thus this appeal by special leave.

(3.) The prosecution case in nutshell is that Ramanattu Varkey had seven sons and four daughters. During his lifetime he executed repeated settlement deeds settling his extensive properties of 60 acres, double storeyed building and factories which lead to acrimony among his children. In 1976 the deceased Mathew was charged for patricide but was acquitted. He was a discharged military officer and managed to have complete hold of the properties and excluded other brothers and sisters from enjoyment of the properties. The appellant is the youngest and he resented the conduct of the deceased. The prosecution case itself was that later on there was reconciliation between the. appellant and the deceased as spoken to by the widow of the deceased (PW. 10) and one brother (PW. 12). According to the prosecution the accused nursed grievance against the deceased for his obstinance to exclude him of right to residence in their family Ramanattu house. Consequently he was living at Ernakulam wherefrom his wife hails. The prosecution case was that on the fateful day the appellant came and killed the deceased in the Ramanattu house, bolting the door from inside.