SOURI ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) Antony, the appellant in this case, stands convicted under S.302 I.P.C. and sentenced to undergo rigorous imprisonment for life, for having caused the death of one Vareed Paulose alias Pylo by stabbing him with a dagger.

(2.) The incident took place on 16-4-1959 at about 9 P. M. inside a toddy shop. PW 3 went to the toddy shop which belongs to PW 6, for a drink. PW 1, the brother inlaw of the deceased was also there taking a drink when the accused came there and there was an exchange of words between the accused and PW 1. A criminal prosecution which was started against the accused by PW 7 ended in acquittal, the previous day. That prosecution was conducted by PW 1 who was a friend of PW 7. Another complaint was filed by the deceased at the instance of PW 1 that a necklace belonging to his wife was stolen by the accused. That case had also shared the same fate. The prosecution alleges that the accused questioned PW 1 about all these abortive attempts made by them to molest him. After an exchange of hot words the accused gave a slap on PW 1s cheek. Just then the deceased Pylo, entered the shop and caught hold of the accused. The prosecution case is that in the course of the scuffle the accused gave a stab to Pylo with M. O.1 dagger. The grappling continued and the deceased fell down on the floor and then cried aloud that he was stabbed. Meanwhile PW 3 caught hold of the accused. Hearing the cry of the deceased PWs 2, 4 and 5 who were also drinking toddy in the adjacent room came and sent the accused away from the place.

(3.) The death of Pylo and the cause of it admit of no doubt. PW 15 is the doctor who treated him in the hospital and after death conducted the post mortem examination. Three injuries were noted on the deceased. (1) An oblique incised wound 1" x 1/4" x 1/2", 1" below the last rib on the left side. (2) An incised wound 1/2" x 1/8" skin deep on the left forearm and (3) a contusion on the middle of the right leg. Corresponding to injury No. 1 there was an internal injury which had torn the kidney. The doctor gave evidence that injury No. 1 was sufficient in the ordinary course of nature to cause death and the cause of death was syncope due to haemorrhage and shock as a result of the injury.