STATE OF KERALA Vs. NARAYANANKUTTY

JUDGEMENT

(1.) THE State is aggrieved by the judgment of the Sessions judge, Kozhikode , who acquitted the respondent-accused of the charge of murder in the Sessions Case No. 8 of 1979

(2.) THE prosecution case may be summarised thus: respondent's father Achuthan Nair died about two years prior to the occurrence. He had three wives. THE accused is one of the children of the second wife parvathi Aroma. Pw. 1 is the son and Pw. 2 is the daughter of the third wife jane Amma. Achuthan Nair settled his properties on his wave and children under ext. P2 settlement deed in 1964 Janu Amma had raised tapioca cultivation in the portion of her property situated to the west of her house. Accused claimed a portion of that land. On 30101978 he went to the house of Janu Amma and told her that he was entitled to the major portion of the Jan where tapioca was planted. Janu amma replied that after tapioca was harvested the property could be measured as per the document and he could have any portion found to be his. Respondent replied that he cannot measure the land and he will take what was his and put up a boundary and left the place. On 31-10-1978 at about 8. 30 a. m. when Janu Amma and children were sitting in the verandah, respondent came there armed with No. 1 spade, passed in front of the house and He went Co the place where Janu Amma had raised tapioca cultivation. Janu Amma followed by Pws 1 and 2 went to the scene and she asked him not to dig the tapioca and assured him that after the tapioca was harvested, property could be got measured and boundary put up. Respondent asserted that he will immediately lay a boundary by digging and, also threatened to do away with Janu Amma and Pw. l. He lifted the spade, Mo 1 and with the hind blunt portion, gave a blow on Janu Amma's head injuring her and she fell down unconscious. Pws 1 and 2 cried out. Respondent dropped the spade and told Pw 2nd ran away. Pws 3 to 6 and others rushed to the scene. Janu Amma was taken to her house, the injury bandaged and ultimately she was taken to the medical College Hospital, Calicut, where at about ]0 30 a. m. she was admitted as an inpatient by the duty doctor, Pw15. Pw15 sent an intimation, Ext. P7 to the Medical College Police Station, where it was received only the next morning. Pwl 2, a Head-constable attached to the station, went to the hospital on 1-11-78 at 9 a. m., found that Janu Amma could not talk and recorded Ext. PI statement from Pwl and prepared the body note of Janu Amma. At the station, another head constable of police, Pw13, prepared Ext. P8 F F. R at 9. 45 p. m. on the basis of Exts P7 and PI and registered a case as crime No. 609/tr/79 and transferred the same to Kunna-mangalam police station within whose jurisdiction the occurrence had taken place. Pw14, Head constable attached to Kunnamangalarn police station, reregistered the case as crime No. 119 of 1978 under Ext. P9 F. I. R.

(3.) ON the appearance of the respondent, who was on bail and was defended, Sessions Judge, Kozhikode framed a charge as aforesaid against him. Respondent pleaded not guilty Prosecution examined 17 witnesses. Exts. Pi to P16, Mos. 1 to 3 and Ext. Dl were marked. The defence did not tender any oral evidence.