KITTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These four Criminal Appeals arise out of Sessions Case No. 21 of 1959 on the file of the Sessions Court of Quilon. Accused 1 and 2 in the case were charged under S.326, I. P. C. and S.302 read with S.34, I. P. C. They have been convicted under S.326, I. P. C. and sentenced to rigorous imprisonment for 5 years each. Appeal Nos. 193 and 194 of 1959 are by accused 1 and 2 respectively against the above conviction and sentence. Accused 3 and 4 were charged under S.302 read with S.34, I. P. C. They have been found guilty and convicted under S.302, I. P. C. and sentenced to rigorous imprisonment for life. Appeal Nos. 195 and 196 of 1959 are by the 3rd and 4th accused respectively against the above conviction and sentence passed by the lower court.

(2.) The case that the prosecution sought to prove in the lower court is briefly as follows :--

(3.) In the committal court, the 1st accused stated that the deceased belaboured the 3rd accused and later on belaboured him also and under such circumstances he threw a bomb at him. The other 3 accused denied the occurrence. However, in the committal court, the first incident where the deceased questioned him regarding the removal of the yam and the subsequent replanting of the yam was admitted by the 3rd accused. In the Sessions Court the accused had given a slightly different version. The 1st accused stated that the deceased belaboured his father and then he ran to the scene. He was also beaten by the deceased. Then the 2nd accused, to save the life of the 1st accused, threw a hand bomb which hit the deceased on his left eye. Thereupon the deceased released his hold of 1st accused, and at that time the 1st accused himself took a bomb from the verandah of the house and threw it at the deceased. The 2nd accused also gave a statement almost in similar terms. The 3rd accused in his statement before the Sessions Court admitted the first incident about the questioning by the deceased and the replanting of the yam. But he denied the main incident. The 4th accused pleaded alibi in the Sessions Court.