KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the Judgment dated March 25, 1983 passed by the Division Bench of Kerala High Court disposing of Criminal Appeal No. 37 of 1981 and Criminal Revision Petition No. 32 of 1981. Both the said appeals and the Revision Case arose but of the Judgment dated September 16, 1980 passed by the learned Additional Sessions Judge, Kottayam in Sessions Case No. 37 of 1980. By the said Judgment, the learned Additional Sessions Judge acquitted both the accused appellants from a charge under Sections 447, 307, 302 and 34, I.P.C. The State of Kerala preferred the said Criminal Appeal No. 37 of 1981 against the judgment of acquittal and the complainant also moved a revision petition against the said judgment being Criminal Revision No. 32 of 1981. The High Court allowed the said Criminal Appeal and convicted both the accused appellants under Section 302 I.P.C. and convicted each of them to suffer rigorous imprisonment for life. In view of the said decision rendered in the appeal, the Criminal Revision Case was disposed of without passing any order. The short facts of the prosecution case are inter alia that 26th January was St. Sebastians day which is celebrated with jubiliation in the locality. P.W. 1 Poulose, belonged to Vayala near Koodalloor but later oh shifted to Trichur after selling his land and winding up his affairs in Vayala. He also came to the said locality on January 26, 1980. The deceased, Varkey had put up an enclosure on the road with an icon of St. Sebastian. The said Varkey and the other deceased Chacko together with P.W. 1 had been to the Church in the evening. Varkey asked the accused No. 1, Kuriakose, to pay contribution for the said enclosure put up by Varkey at about 8.00 P.M. on January 26, 1980. He refused to pay such contribution and made some remarks on which there was an altercation between Varkey and the said accused No. 1. It is alleged that accused No. 1 assaulted Varkey on which P.W. 2, son of Varkey, gave one blow to the accused No. 1. Chacko had given two kicks to the said accused. The accused No. 1 thereafter left the place threatening the deceased and the others.

(2.) The locality in which the deceased and the accused had been staying was an area intensely cultivated. The deceased, Varkey, and the other deceased Chacko who was his brother had lands where cultivation of tabioca and other crops used to be made. Beyond the fields of Varkey and Chacko on the north, the accused No. 1 had also agricultural field having banana cultivation. The features and location of the property were exhibited in a plan Ext. A-6. The next morning, namely, oh January 27, 1980, Varkey and Chacko had been to the field in connection with their cultivation activities. It is the prosecution case that while they were in the field the accused No. 1 being accompanied by his son, the accused No. 2, namely. Jose Kappen went towards the field of Varkey and Chacko and they came along with property of Varkey and Chacko. Varkey protested to such moving on the property of Varkey and told the accused that there was no way along the said land. The first accused thereafter persisted in walking along that way and challenged Varkey and Chacko. Both the accused who kept knives covered in their sheaths drew them out and the accused No. 1 stabbed Varkey 3 to 4 times. Varkey died on the spot. The accused No. 2 inflicted stab wounds on Chaeko and he also succumbed to those injuties on the spot. P.W. 2, Sunny George, was then in the northern yard of the house in the company of P.W. 1. Poulose and Pappu. Having noticed the said murderous assault on Varkey and Chacko, P.W. 2 rushed towards the spot but he stumbled on a small bund and fell down. P.W. 3, Devaria who had been returning home after attending the service in the church heard the noise of the quarrel in the field and rushed to the spot. P.W. 1 and nephew of Varkey also rushed to the spot. When those persons reached the place. Varkey and Chacko were found dead. The first accused pulled P.W. 2 who had fallen after stumbling by his leg and the accused No. 2 stabbed P.W. 2 A hue and cry was raised by P.W. 1 and P.W. 3, Varkeys wife and Pappu the nephew of Varkey. Both the accused persons then fled away from the place. P.W. 2 was taken to the Medical College Hospital in a jeep by P.W. 3. P.W. 5, Dr. E.E. Raja, examined P.W. 2 in the hospital and issued the wound certificate Ext. P-2. The said P.W. 2 was discharged on February 6, 1980 from the hospital and the said doctor also issued the Discharge Certificate Ext. P.-3 to P.W. 2. The Police Officer P.W. 9 of Marangattupally Police Station rushed to hospital on coming to know that P.W. 2 had been taken to the hospital and he reached the hospital at about 9.00 A.M. and recorded the statement given by P.W. 2 (Ext. P.1). He also prepared a note after noticing the wound on the body of P.W. 2. Such note is Ext. P. 1 (A) and he took into custody lunki M.O. 4 worn by P.W. 2. Thereafter, he returned to the police station and registered Crime No. 4/80 and prepared the first information report Ext, P.8. The investigation was later on taken over by the Circle Inspector P.W. 10, and inquest on the dead bodies was prepared being Ext. P.9 and P. 10. Sheath of the Knife was found in the field which was seized being M.O. 1. The dead bodies were sent to the Medical College Hospital for post mortem examination. P.W. 6 conducted the post mortem examination on Varkey and Chacko and issued the post mortem certificates being Exts. P.-4 and P-5.

(3.) The accused surrendered before the Circle Inspector and they were interrogated by the Circle Inspector. Pursuant to the statement made by the accused No. 1 Ext. P.11 (a) knife (M.O.2) and Sheath (M.O. 12) were recovered from the rubber machine shed of the said accused. Similarly, knife (M.O.3) was recovered pursuant to the confession Ext. P. 11 (b) made by the accused No.2.