AIYAPPAN ALIAS KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal and the reference for confirmation arise out of the judgment of the Additional Sessions Judge of Parur, whereby the 1st accused Aiyappan alias Kutty was sentenced to death for murdering one Thankappan aged 23, at 11.15 p. m. on 11-10-1959, when he was sleeping on the verandah of his house.

(2.) Pw. 4, Krishnan, a carpenter by caste, had five sons in eluding the deceased Thankappan. He partitioned his properties among his children and was living with his wife in the tarwad house along with his son Thankappan and his wife Pw. 1, Rugmini. His two sons, Pws. 2 and 8 were living quite close to the tarwad house while the other two sons, Pw. 6 and Kunhukuttan were living in separate houses about a furlong away. These carpenters and a family of Ezhavas headed by accused 1 and 2 were on inimical terms, with litigation civil and criminal between them. The Perumbavoor Police charged a case against Pw. 4, his sons Pws. 2 and 8 and the deceased Thankappan at the instance of accused 1 under S.324, 323 and 34 IPC. in CC. No. 139 of 1959. The accused were later acquitted of these charges. This acquittal embittered the feelings all the more and Pw. 4 filed a complaint against the accused in the court of the Executive Magistrate, Moovattupuzha on 24-9-1959 which was forwarded to the Perumbavoor Police for investigation and report. The 1st accused in his turn filed Ext. D1 petition before the same Executive Magistrate against Pw. 4 & others and the mother of Pw. 7. This petition was sent to the Alwaye Circle Inspector on 8-10-1959 for enquiry.

(3.) At about this time Pw. 4 contracted typhoid fever and he was removed to a private hospital at Kuruppumpadi by his wife and son, Pw. 8 Narayanan keeping him company. In his absence Pw. 4 specially instructed his son Thankappan to sleep on the verandah of his house at night to guard against the possible theft of his cattle from the shed. Accordingly Thankappan and his wife Pw. 1 Rugmini used to sleep on the verandah. On 11-10-1959 at about 11.15 in the night when they were sleeping on the same mat in the verandah Pw. 1 heard a sound as of beating on mud-pots and felt that her blouse was getting wet. She opened her eyes to see a person jumping down from the verandah to the courtyard. She followed and recognised in the moonlight accused 1 as the person who got out of the verandah. Accused 1 threatened her with death if she did not go back. She then saw accused 2 standing near accused 1. Pw. 1 returned and lighted a lamp when she saw her husband lying dead in a pool of blood from an injury on his neck and her own blouse wet with blood. She called out to her husbands brother Pw. 2 who rushed up to be told by Pw. 1 that accused 1 stabbed Thankappan when they were sleeping. At the out-cry of Pw. 2 neighbours including Pw. 7 and Pw. 4 gathered on the scene. Pw. 2 then conveyed the information to the Perumbavoor Police Station where they recorded his statement. That statement is Ext. P2. The investigation was completed by the Circle Inspector of Police who filed the charge against the two accused. The learned Sessions Judge acquitted the 2nd accused and convicted the 1st accused as stated above.