CARLOSE JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) This judgment would dispose of two criminal appeals Nos. 143 and 144 of 1973 which have been filed by special leave by Carlose John (29) (hereinafter referred to as John) and his father Vasthian Carlose (58) (hereinafter referred to as Carlose) against the judgment of the kerala High Court affirming on appeal and reference the conviction of the two appellants under Section 302, Indian Penal Code and the sentence of death.

(2.) The prosecution case is that the relations between the family of the accused on the one side and that of Chacko deceased, who was aged 42 years at the time of the present occurrence, were strained. The two accused and the deceased were fishermen of village Killikollur in district Quilon. In 1969 Lily (P. W. 6), wife of Carlose accused, filed a criminal case under Sections 425, 323 and 427 read with 34, Indian Penal Code in the court of District Magistrate, Quilon against Chacko deceased, his wife Regina (P. W. 7) and elder brother Elias (P. W. 11). The accused in that case were acquitted. Two days prior to the present occurrence, an incident took place between John accused and the children of Chacko. During the course of that incident, abuses were hurled and stones were pelted.

(3.) On the morning of October 8, 1970, it is stated, the two accused went as usual to Paravoor lake for fishing. After fishing the accused returned to a place called Eravipuram. Later on that day Lily (P. W. 6), wife of Carlose accused and mother of John accused, took meals for the two accused and proceeded towards Eravipuram. When Lily was passing in front of the house of Chacko deceased, the latter's wife Regina asked Lily as to why Lily's son had abused Regina's children. Lily gave an abusive reply Regina and her son Nelson thereupon abused Lily. Lily then threw the food she was carrying and went to the two accused.