GOVINDAN NEELAMBARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in this case has been convicted under Section 302. I. P. C. for having caused the death of his brother Raveendran and sentenced to rigorous imprisonment for life.

(2.) The deceased Raveendran was the eldest member of the family and was managing and taking the income from the common properties given by the father to all of them. He was addicted to drinks and was spending the income from the properties without giving anything to the other members for their maintenance. He used to come fully drunk to the house and create trouble in the house. On 26th of March 1959 Raveendran got the cocoanuts plucked from the trees in the paramba in which they were living and the cocoanuts thus plucked had been heaped in the courtyard of their house. The appellant came there and took 4 or 5 cocoanuts for himself. Raveendran did not like this and in an angry tone demanded that the appellant should drop the nuts there. The appellant said that be HAD also rights in the properties and refused to obey him. There ensued a scuffle between them and Raveendran gave the appellant two or three blows. The witnesses who were present there separated them. Then, it is stated, the accused took a cadjan stem and threw it at Raveendran. It did not hit him. Then Raveedran picked up a cadjan stem and proceeded to attack the accused. Seeing this, the accused ran southwards. Raveendran pursued him and after following the appellant for some distance, he threw the cocoanut stem at the accused. It hit the accused on his thigh. Then, it is stated the accused turned round and went and inflicted one stab with the penknife which he had with him. The stab was on his chest and Raveendran sat down. The accused then left the scene, Pws. 1, 2 and 4 removed Raveendran to the Quilon District Hospital. Pw. 12, the head-constable of the Kundara Police Station recorded the first information statement from the deceased. Ext. P11 is the statement and Ext. P12 is the F. I. R. prepared on the basis of that statement. On 29-3-59 the injured succumbed to his injury. The accused was arrested on 13-4-59 by Pw. 9, a police constable with M. O. 2 penknife. He was produced before the police station and the penknife was taken into custody under a mahazar Ext. P7. Pw. 16, the Circle Inspector of Police completed the investigation and laid a charge sheet under Section 302 I. P. C. against the accused. In the committing Magistrate's Court, the accused stated that he had not committed any offence. In the Sessions Court he stated that what the witnesses stated is not true, that he was beaten with the cocoanut stem by Raveendran, that be ran to the south and that Raveendran chased him and beat him again. He however, denied having stabbed the deceased and inflicted the injury and he would even say that he had no knife with him.

(3.) There is no doubt that Raveendran died as a result of the injury sustained by him on that day. P. W. 14 is the Medical Officer and Ext. P16 is the postmovtem certificate issued by him. The wound certificate Ext. P14 and the postmortem certificate Ext. P16 would show that the deceased had one incised wound 1" x W near the left nipple penetrating into the chest cavity and according to the doctor tile cause of death was syncope clue to shock and haemorrhage due to this injury. In his opinion the injury was sufficient in the ordinary course of nature to cause death. It is therefore clear that Raveendran died as a result of the stab injury sustained by him.