KRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant was charged before the Session Judge, trivandrum of the offence of murder for having caused the death of one Atheef by stabbing him with a knife on 7-4-1969, at about 8. 15 P. M. in front of the shop of one Sasi, marked in Ext. P-5 plan, and has been found guilty and sentenced to imprisonment for life. On the day of occurrence, PWs. 3 and 4 father and son, both fish mongers were returning at about 8 P. M. after vending fish. THE accused (appellant) was standing by the side of the ration shop at koppam. PW. 4 was previously known to the accused, and at least on few occa-sions, he bad helped the accused with small cash or by treating him to tea. THE accused desired PW. 4 to go southwards with him, and as PW. 4 appeared unwilling, the accused put his arm around his shoulder and took him along for some distance, PW. 3 following closely. When they reached in front of Sasi's shop, PW. 4 refused to go any further, with the accused. THE accused then caught hold of him by the waist and beat him. One Basheer, and Soman brother of sasi, interceded, but were also beaten. PW. 3 cried out that his son was being killed. THE deceased who was a few feet away, came up, followed by PW. 2 his bullock-cart-driver and asked the accused to release his hold on PW. 4. THE accused then took out a bichuva and stabbed the deceased and left the scene with the weapon. THE injured was removed to Vithura hospital but by the time he reached the hospital, he died. PW. 6 is the Doctor who issued the post-mortem certificate (Ext. P-2 ). PW. 11, the Sub Inspector received a letter at about 9. 05 P. M. from the Vithura Hospital intimating the death of the deceased. He proceeded to the hospital and recorded the First information Statement Ext. P-1 from PW. 1, the elder brother of the deceased (not an eye witness) at 9. 15 PM. Ext. P. 8 is the First Information Report prepared on the basis of Ext. P-1. PW. 11 received information that the accused was at Koppam Mele Mukku and proceeded to that place with a police party. He saw the accused standing in the western courtyard of Pappan Chellappan, more than a furlong away from Sasi's shop, with bleeding injuries on different parts of his body. THE accused was taken to the Nedumangad Hospital for treatment. THE accused's statement given to PW. 11 at 1 A. M. on the night/morning on 7/8-4-69 is. Ext. P9. On the basis of Ext. P-8, Crime No. 70/69, and on the basis of Ext. P-9 Crime 71/1969, were charged. THE investigation was taken over by PW. 12 the Circle Inspector.

(2.) EXT P-9 discloses that the appellant and the deceased were on inimical terms. A case under 341, 324 and 34 of the IPC. was pending on the day of the occurrence, in which the appellant was the 1st accused, and the deceased was the person injured. EXT. P-12 is the judgment in the case. This has been put forward as the motive for the crime.

(3.) IT is then easy to dispel the charge that the prosecution has made no attempt to explain the injuries on the body of the accused. For, the case of the prosecution is that the accused did not have any injuries in the course of the incident which is the subject-matter of the charge, and it has no duty, in this case, to explain the injuries sustained in an unconnected incident. On the material before us, we think that this stand taken by the prosecution is correct.