DUMBAN VAYYAPURI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred by the accused in Sessions Case No. 11 of 1959 on the file of the Sessions Court of Palghat questioning the sustainability of the conviction entered against him under S.302 of the Indian Penal Code and the sentence of life imprisonment awarded to him. The charge against the accused was that on 9-1-'59 he caused the death of Dumban Raman, son of Thitnan of Kallankad in Pallassena amsorn by strangling him with a coir rope.

(2.) The case of the prosecution is as follows:-

(3.) On the date of the incident, i. e., on 9-1-'59 early morning the. accused came to the deceased's house and invited him to go out with him and have a drink. The deceased at first refused, but finally agreed and the deceased, P. W. 1, P. W. 2, Arumukhan and the accused went to one Nanjan to take toddy. P..W. 6 is the wife of that Nanjan and she served toddy to all the people. The deceased was made to consume a large quantity of liquor.