KRISHNAN VASU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal by Vasu, son of P.K. Krishnan of Vallachira village, Trichur taluk who has been convicted by the learned Additional Sessions Judge of Trichur for offences under S.457 and 302 of the Indian Penal Code and sentenced to death under S.302 of the Indian Penal Code and sentenced to rigorous imprisonment for one year and a fine of Rs. 100/- under S.457 of the Indian Penal Code. Along with the appeal there is also the reference by the learned Judge for the confirmation of the sentence of death.

(2.) The case for the prosecution, briefly stated, is as follows:-

(3.) The incident happened on 21-6-1959. That night the deceased Lakshmi and her two children PWs 1 and 2 were sleeping in the central room of their house after having bolted the doors of the hut. PW 1 swears that while he was sleeping somebody trod on his hand when he woke up and found the accused. The accused was bending arid striking his mother with a sledge hammer which he had in his hand. By that time PW 2 also woke up and with the aid of the torch light which the accused was flashing, she also saw the accused striking her mother. Seeing this PWs 1 and 2 cried and the accused left the house through the northern door.