BALACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) "The accused in S.C. No. 21/95 on the file of the Additional Sessions Judge, Kottayam, are the appellants. They were charged with the offences punishable under S.302, 324, 323, 447 and 506(ii) read with S.34 of the Indian Penal Code. After the trial the learned Additional Sessions Judge found the accused guilty of the offences punishable under S.302, 324, 447 and 506(ii) read with S.34 I.P.C. and convicted them thereunder. Each of the accused was sentenced to undergo imprisonment for life under S.302 I.P.C., rigorous imprisonment for one year under S.324 I.P.C., rigorous imprisonment for three months under S.447 I.P.C. and rigorous imprisonment for one year for the offence under S.506 (ii) read with S.34 I.P.C. The sentences were allowed to run concurrently. The order of conviction and sentence passed against the accused are seriously challenged in this appeal.

(2.) The unfortunate victim in this case is one Sam, who was the son of P.W. 2 Kunjumol and P.W. 3 Baby. The deceased along with his parents, brother and younger sister was residing in house No. 361 of ward No. XII of Panachikkadu Panchayat. P.W. 1, Manoj, the brother of the deceased was an autorickshaw driver. The occurrence took place in the courtyard of the house of the deceased on the night of 26th June 1994. The genesis of the occurrence was a petty quarrel which took place between the 1st and 2nd accused on the. one hand and P.W. 3, Baby on the other. On the date of occurrence at about 6 p.m. while P.W. 3 was standing near a shop at Kollad, accused 1 and 2 approached him and picked up a quarrel with him. The 1st accused beat P.W. 3 with his hands at the instigation of the 2nd accused. P.W. 3 went to Kanjikuzhy autorickshaw stand and informed P.W. 1 about it. P.W. 1 took P.W. 3 in his autorickshaw to their house and left the house saying that a complaint could be lodged before the police on the next day. After some time the deceased reached the house and P.W. 3 narrated the incident to him also. Thereafter the deceased went to the house of John, the brother of P.W. 2. After some time the 2nd accused came near the house and called P.W. 3 to come out. Sensing danger P.W. 3 did not respond. When the deceased camel back to the house from the house of John, the 2nd accused called him and took him towards the house of the 3rd accused. PWs 2 and 4 followed him with lighted kerosene lamps up to the boundary of their property. On seeing; the deceased, the 3rd accused took out a sword stick and brandished it against the deceased saying that he was waiting for him. The deceased ran back to his house. The accused chased him and when he reached the courtyard of his house, the 1st accused with a chisel stabbed the deceased on his chest felling him to the courtyard. Thereafter the 1st accused stabbed the deceased on his back. When P.W. 2 intervened, the 1st accused stabbed her on her chest with the chisel. The 3rd accused showing the sword stick threatened others from approaching near them. The 2nd accused beat P.W. 3 with his hands. When PWs 2 and 3 cried aloud the neighbours gathered at the scene and the accused, ran away with the weapons.

(3.) The injured were taken in an autorickshaw to the District Hospital, Kottayam. On the way to the hospital, Sam succumbed to his injuries. P.W. 8 examined P.W. 2 and referred her to the Medical College Hospital, Kottayam.