BHASKARAN NAIR ALIAS BHASY Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in Sessions Case No. 36 of 1986 was tried by the Additional Sessions Judge, Thodupuzha for offences punishable under S.302 and 307 of the Indian Penal Code, but convicted only under S.302 and 324. Sentences are life imprisonment and rigorous imprisonment for one year. He is the appellant.

(2.) Deceased Pappan and P.W. 2 Varghese were friends and residents of Pooyamkutty. Appellant went and settled there six months before the incident. Soon he gained friendship with Pappan and divulged to him his criminal antecedents in confidence. Pappan betrayed the confidence and conveyed this information to others. That was the starting point of enmity. In the absence of Pappan, the appellant brought one Mammy, a lady of bad virtues, and lived with her in Pappan's house. Pappan was annoyed at this. In this background, they met at 7.00 p.m. on 31st January 1986 at the arrack shop of P.W. 14 and had a quarrel. Appellant went away announcing his determination to murder Pappan, but Pappan said that the appellant could do nothing.

(3.) By 7.30 p.m. that day, Pappan was waiting for P.W. 2 in the flight of steps near the store of one Mathai, at a short distance from the arrack shop of P.W. 14. Standing in the nearby road, appellant challenged Pappan to come to the road, from P.W. 2 and others, Pappan accepted the challenge and came to the road. Appellant was informed of his presence and asked what he is going to do. He pushed Pappan down and took out M.O. 8 knife to stab him. P.W. 2 prevented, but resistance was overcome by giving him two stabs. P.W. 2 fell down. Pappan stood up and attempted to grab the knife for preventing attack. There was a scuffle for the knife. Appellant stabbed Pappan on the left side of his neck and ran away. Pappan fell down and died instantaneously. This is the prosecution case.