NARAYANA PILLAI Vs. STATE

JUDGEMENT

(1.) THE appellant, Narayana Pillai aged 22, has been convicted by the Sessions Judge of Qui'lon for the murder of one Krishna Pillai by stabbing him with a tapping knife on 13-8-69 at about 7. 30 p. m. and sentenced to imprisonment for life. He has also been convicted Under Section 324, Penal Code for causing hurt to P. Ws. 2 and 5 in the course of the occurrence and sentenced to rigorus imprisonment for three months and one month respectively. The sentences are directed to run concurrently.

(2.) DECEASED Krishna Pillai was a tea-shop keeper in Yayakkala at Oommannoor Village. He was residing with his wife and 6 children in Sarojavilasom house, about half a mile from Vayakkala jucotion, where he was conducting the tea-shop. The accused was their neighbour and was friendly with the deceased's wife P. W. 2, Krishna Pillai will leave his houae on all dajs at about 7 am. and return only by about 9-30 or 10 in the night with a break at 10'clock for lunch. All the children are echool going and they will be away from 9 a. m. till 4-30 p. m. Availing himself of the absence of Krishna Pillai and his children from the house, the accused used to frequent the house and move on terms of intimacy with P. W. 2. When Krishna Pillai came to know about this, he ohastised his wife and warned her against any such association with the accused; but the warning was of no effect, and the clandestine relationship continued unabated. On the fateful day (13. 8-69), the acoused paid a visit to P. W. 2 at about 7 p. m. He went and stood at the northern oourtyard of the house and from there started talking to her. When they were thus in a happy mood, indulged in a pleasant conversation, Kriehna Pillai sprung a surprise on them by visiting the house. Time then was about 7-30 p. m. The sight of his wife in such compromising mood with the accused enraged him, and burning with rage, he caught hold of the acoused and brought him under his grip. Then ensued a souffle between the two. Hearing the hubbub and oommotion in the oourtyard, the children who were studying in their rooms rushed up with the kerosene lamp, under the light of which they were reading lessons. In the course of the souffle, the aooused whipped out M. O. 1 tapping knife, from under his waist and inflicted four stabs on Krishna Pillai, which fell on his chest and abdomen. P W. 2 and her little daughter, P. W. 5 aged 12 inter, vened to separate them and in that attempt they also sustained injuries. Theaooused then ran westwards with the knife. Krishna Pillai in staggering steps moved the veranda and oapsized them. P. Ws. 9 and 11, two neighbours were by this time attracted to the scene on hearing the cries, and they immediately removed Krishna Pillai to the. toad eide and from there he was taken in a taxi to the Kottarakkara Government Hoe. pital. The injured Pws. 2 and 5 were also taken there and after the necessary first aid, Krishna Pillai was removed to the district hospital, Quilon for further treatment. Pw. 12, a cousin of Krishna Pillai had also arrived at the hospital by this time in a taxi. He took Pw. 1, the 16 year old daughter of Krishna Pillai to the police station, where the first information was lodged by her. The head constable who was in charge of the police station registered the crime and the Sab Inspector visited the scene of crime the next morning and prepared the necessary mahazar etc. By about 1 in the night of 15. 369 Krishna Pillai died. The accused was reported to be absconding. On 18. 8. 69 by about noon, he however, surrendered before the Punalur police with the knife MO. 1. He was immediately arrested and since some injuries were found on his body he was eent to the Government hospital, Punalur for treatment

(3.) THE case of the accused is that on the fateful night while he was returning from his workspot in the estate, heard a commotion in " the deceased's house and on running up to tee what it was. he saw Krishna Pillai and Pw. 2 engaged in a scuffle, beating and stabbing. He held back Krishna Piuai asking him not to stab his wife and this provoked Krishna Pillai and turning against him he stabbed, him also. Following that, everything was in utter confusion. Snatching away the tapping knife from Kribhna Pillai he fled from the scene. He has a further case that Krishna Pillai and his wife used to quarrel every time and the cauee of the quarrel was Krishna Pillai's association with a Muslim woman Bubaida who had come from Nedu-mangad for coolie work in the estate. Though married she had come alone and was taking her meals and coffee from Krishna Pillai's hotel. Krishna Pillai and Subaida were re. ported to be moving on intimate terms and on one occasion Krishna"; Pillai expressed his desire to his wife that Bubaida also should be allowed to reside in Sarojavilasom. This attitude of his led to frequent quarrels between the husband wife resulting in blows being dealt on her. On the date in question also, according to the accused, the husband and wife were engaged in suoh a quarrel and the wife was beaten up. It was on hearing the ories, that he ran up to the place.