MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The conviction for murder and sentence of imprisonment for life are challenged in this Criminal Appeal by the sole accused.

(2.) Inside a toddy shop when the appellant was consuming toddy deceased Podian came humming a song. The appellant expressed his displeasure by asking why can't you come without singing Naturally the deceased questioned the appellant's authority to interfere with his freedom to hum a song, and asked what he could do. The appellant replied that he will be presently dealt with. The quarrel was pacified by the salesman in the toddy shop. Deceased Podiyan walked out and reached the road. The appellant after finishing his drinks hurriedly followed the deceased to the road asking him to stop. From behind the deceased was caught hold of by the appellant and taking M.O.1 dagger the appellant stabbed Podiyan on his left shoulder causing a penetrating injury 6.5 x 2.5 cms, which entered into the chest cavity through the second inter costal space severing the branchial plexus, subcalvian artery and piercing the upper lobe of the left lung. Minimum depth of the wound was 12 cms. That is what the occular and medical evidence show. The medical officer said that the injury was sufficient in the ordinary course of nature to cause death. Death was almost instantaneous.

(3.) The motive alleged is previous enmity consequent on a quarrel some six days ago in which deceased Podiyan assaulted the appellant. This fact was spoken to by PW-6 the widow of the deceased. The learned Sessions Judge chose not to accept her version for want of corroboration from independent source, and also for the reason that the motive is not relevant, when there is direct evidence regarding the occurrence. The deceased and the appellant belonged to different political parties.