NARAYANAN SATHEESAN ALIAS BABOO Vs. STATE OF KERALA

JUDGEMENT

(1.) Narayanan Satheesan alias Baboo, the appellant herein, was tried by the Additional Sessions Judge, Mavelikara, under Section 302 of the Indian Penal Code for intentionally causing the death of one K. G. Thomas alias Thampi, a well built male, aged about 32 years, who was an inhabitant of Eruvallipra Muri in Thiruvalla village, by inflicting an injury with a dagger (M.O.1) on the back of his chest at 7.30 P.M. on December 16, 1972 at a sandy place situate on the Western side of the village road which goes to Veliyam Kadavu (Ghat Ferry) from Thirumolla on the eastern extremity of Purayidom known as Kaval Purayidom belonging to Arya Community within the jurisdiction of Thiruvalla Police Station. One a consideration of the material adduced before him, the learned Judge acquitted the appellant of the charge under section 302 of the Indian Penal Code but convicted him under Sec. 326 of the Code and sentenced him to rigorous imprisonment for a term of seven years with the finding that he had by means of a dangerous weapon like M.O. 1, caused grievous hurt on the person of the deceased which had endangered his life. Aggrieved by this judgment and order, both the State as well as the appellant appealed to the High Court of Kerala at Ernakulam. The High Court set aside the conviction of the appellant under Section 326 of the Indian Penal Code and instead convicted him under Section 302 of the Code and sentenced him to imprisonment for life. Dissatisfied with this judgment, the appellant has come up in appeal to this Court under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (Act 28 of 1970).

(2.) The case as put forth by the prosecution is that a couple of weeks before the date of occurrence, there was an altercation between the appellant and the deceased over the refusal by the latter to relinquish possession of the Purayidom before the expiry of the term of one year of the lease granted in his favour by the father of the accused on a pattom of Rs. 550/- which entitled him to the usufruct of the coconut trees standing on the Purayidom; that during the course of the aforesaid altercation, the appellant threatened to kill the deceased if he did not hand back possession of the property peaceably; that irked at the refusal of the deceased to surrender possession of the Purayidom, the appellant armed himself with a dagger and followed the deceased on the evening of December 16, 1972, while the latter was passing along the above mentioned road and after thrusting the dagger in the back of the chest of the deceased, took to his heels without even taking out the weapon from the situs of the wound; that the deceased pulled out the weapon from his back and threw it on the ground whereafter blood gushed out of the wound and he fell down; that on seeing this incident, Gopala Kurup (P.W. 1), who was going to have his bath at Velivam Kadayu and Thommi Mathai (P.W. 2) who was on his way to Thirumoola which is about five furlongs from his house to buy some provisions rushed to the scene of occurrence that Thommi Mathai (P.W. 2) and Gopala Kurup (P.W. 1) removed the deceased about 6 or 7 ft. towards the East whereafter Gopala Kurup (P.W. 1) bandaged the wound of the deceased which was bleeding profusely with his thorthu (bath towel), that while the wound was being bandaged by Gopal Kurup, Pappan (P.W. 5), the Ferryam employed by the Municipality at Veliyath for ferrying people across the Manimala river, also hastened to the scene of occurrence, saw the appellant running away and heard the deceased saying "Mathaichacha, Babu stabbed me"; that after bandaging the wound as aforesaid, Gopal Kurup (P.W. 1), Thommi Mathai (P. W. 2) and Pappan (P.W. 5) removed the deceased to the middle of the road, laid him to the leave surface and started raising an alarm, on hearing which the brothers of the deceased including Geevarghese George (P.W. 11) and some other persons arrived at the scene of occurrence; that in reply to the query made by his elder brother, Geevarghese George (P.W. 11), the deceased said "Achaya, Babu stabbed me"; that the deceased was thereafter removed by his brothers in a taxi car to the Thiruvalla Hospital where P.W. 6, Dr. G. K. Pai, examined his person and found a stab injury over his left infrascapular area, 3 x 1 c.m., horizontal in position, both edges sharp penetrating into the pleural cavity (left side) - Direction of the wound obliquely forward and to the right side( ) penumothorax on the left side; that the doctor made an entry of the injury noticed by him in the relevant register of the Hospital and rendered first aid to the deceased; that while the first aid was being given to him, the deceased told the doctor that the injury was caused to him by stabbing at 8.00 P.M., that in view of the serious nature of the wound, the doctor advised the relatives of the deceased to take him to the Medical College Hospital, Kottayam for expert medical attention and treatment; that thereafter the doctor gave intimation of the incident on telephone and by means of a letter (Ext. P-4) to the Thiruvalla Police Station whereupon P.W. 15 viz. Madhavan Pillai. Head Constable attached to the said Police Station proceeded to the Hospital but on learning on arrival at that place that the injured had already been sent to the Medical College Hospital, Kottayam, he at once returned to the Police Station and forthwith contacted Arpookara Police Station on telephone and informed the person incharge thereof that since the statement of the injured person by name K.G. Thomas who had been brought to Thiruvalla Hospital with serious injuries could not be taken as he had been removed to the Medical College Hospital, Kottayam for expert medical treatment, his statement might be taken and the needful be done in the matter; that on being thus informed by Madhavan Pillai (P.W. 15), Govinda Pillai (P.W. 13), Head Constable incharge of the Police Station, Kottayam proceeded to the College Hospital and after taking the permission of Dr. K. M. R. Mathew, who was examining the deceased in the casualty room, recorded his statement (Exh. P-9) at 9.30 P.M. which was to the following effect:-

(3.) The prosecution case further proceeds that it was not before 2 Oclock at night intervening between 16th and 17th December, 1972 that Govinda Pillai (P. W. 13) could return to his Police Station as he had to record statements in four or five other cases intimation regarding which was received by him while he was at the Hospital; that on his return to the Police Station, Govinda Pillai (P. W. 13) prepared the First Information Report (Exh. P-10) on the basis of Exhibit P-9 and sent the same to the Munsiff-Magistrate's Court. Ettumanoor; that an hour after his return to the Police Station, Govinda Pillai got intimation from the Hospital vide Exhibit P-11 that the injured person, whose statement (Exh. P-9) he had recorded had died at 3.00 A.M.; that about 8 Oclock in the morning, Govinda Pillai went to the Medical College Hospital and prepared the Inquest Report (Exh. P-8) where after he sent the dead body of the deceased to the Police Surgeon for post-mortem examination; that page No. W. 4, Dr. V. K. Jayapalan, Professor of Forensic Medicine and Police Surgeon, Medical College, Kottayam conducted the autopsy of the body of the deceased on December 17, 1972 at 2.00 P.M. and noticed the following appearances:-