GANGADHARAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THE 1st accused in Sessions Case No.61/68 on the file of the court of the Sessions Judge,Trichur is the appellant.He has been convicted and sentenced to 10 years 'rigorous imprisonment under S.304 Part 1,I.P.C .,for causing the death of one Ittyara by beating him with a stick MO 1 on his head in the afternoon of 21 -6 -68 at about 3.30 P.M.

(2.) THE facts of the case in brief are stated as follows:PW 1,Chathappan,was the salaried labourer of PW 6,Thomas,whose younger brother was deceased Ittyara.Ittyara used to supervise the agricultural operations of PW 6 in his paddy flats some place near to the place of occurrence.On the afternoon of 21 -6 - '68 Ittyara gave some instructions to PW 1 while he was working in the paddy field and thereafter he came to the Panchayat road which lies east west at the place of occurrence.Before he proceeded along that road towards east,he happened to get into the teashop of PW 7,Unnichekkan,to take a cup of tea.While so,the appellant and the 2nd accused,who had been acquitted by the court below of the offence,were already at the teashop taking tea.PW 1 had also followed Ittyara towards the Panchayat road and after taking tea,the appellant and the 2nd accused went towards east along the road while Ittyara and PW 1 went behind them,PW 1 following in close quarters of Ittyara.When they reached in front of one Lakshmy's house on the road side,the appellant and the 2nd accused jumped out of a purayidom crossing over a fence and the appellant beat Ittyara on his head two or three times with MO 1 stick which he had in his hand.PW 1 seeing the incident expressed grief at the condition of Ittyara,who had then fallen down at the spot and died due to the head injuries sustained by him as a result of beating by the appellant.The appellant and 2nd accused ran towards south while PW 1 ran towards west to give information to PW 6,the brother of Ittyara.PW 2 was alleged to have seen the incident while he was working in the purayidom of PW 5,Kochappan.PW 3,who was on his way to his brother inlaw's house,saw the appellant and 2nd accused running away towards south of the road,the 1st appellant carrying MO 1 stick in his hand.PW 3 had also seen PW 1 running towards west from the Panchayat road.PW 4 met the appellant at about 3.30 p.m.on the date of the incident some distance away from the place of occurrence when the appellant had MO 1 stick in his hand.He had also seen that the shirt worn by the 1st appellant then was bloodstained.On information being given to PW 6 by PW 1,PW 1 came back to the place of occurrence along with PW 6,and thereafter PW 1 gave first information to PW 21 Sub Inspector,Irinjalakuda at 8.30 p.m.which was recorded by PW 21 in Ex.P1.On the basis of a crime registered by PW 21,investigation was taken up by him in the absence of PW 20,Circle Inspector:PW 21 could not conduct the inquest on the same night.But,it was held at 7.30 a.m.on the next day morning and prepared Ex.P3 inquest report at the spot.Ex.P4 post mortem certificate was prepared by PW 12 Asst.Surgeon on examination of the dead body.The appellant and 2nd respondent were said to be absconding.However,they surrendered before the court on 8 -8 -68.On 12 -8 -68 PW 21 seized MO 1 stick from the compound of one Govindan on the basis of the information furnished by the appellant.It was taken into custody under Ex.P3 mahazar which was attested by PWs 8 and 9.On completion of the investigation,charge was laid against the appellant and the 2nd accused.

(3.) THE fact of the death of Ittyara on the afternoon of 21 -6 -68 at about 3 -30 P.M.lying on the panchayat road near about the residence of one Lakshmy admits of no doubt.The cause of death was also not disputed.It was seen from Ex.P 4 post mortem certificate that there were 4 injuries on the skull of Ittyara.Of those injuries,injury No.3 was caused as a result of injury No.1.So,actually there were only three injuries due to the beating thrice with MO 1 as a result of which Ittyara died.The description of the external injuries with reference to the internal injuries recorded in Ex.P4 revealed that the injuries were so dangerous that they were sufficient in the ordinary course of nature to cause death.As a result of the injuries,the brain matter was congested and scattered.PW 12,Asst.Surgeon remarked the cause of death as due to syncope caused by shock and haemorrhage.It cannot be disputed that Ittyara died as a result of these injuries