JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) Is the Appellant entitled to the benefit of Exception 4 to Section 300 I.P.C. Was the culpable act done in the heat of passion Did the Appellant take undue advantage or act in a cruel or unusual manner These are the questions that come up for consideration in this appeal before us mainly.

(2.) The Appellant faced indictment for an offence punishable under Section 302 I.P.C. He is alleged to have committed the murder of Chandrasekharan at about 6.30 p.m. on 11-4-2000 by inflicting three stab injuries with M.O. 1 chisel.

(3.) The deceased was running a tea shop near the house of the accused. On 11-4-2000 in the afternoon at about 1 p.m. there was an untoward incident at the shop of the deceased. The accused allegedly went to the shop of the deceased and resorted to obscene behaviour. He allegedly exposed his private parts and stated to the deceased that if his wife and daughter were made available he would impregnate them. The deceased wanted the accused to go back. After remaining in the premises for some more time and after committing mischief even thereafter in an adjacent premise, the accused allegedly returned to his house.