RAMASWAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) Ramaswami and Narayanan the two accused concerned in Sessions Case No. 48 of 1960 of the Trivandrum Sessions Court are the appellants. The former has been convicted under S.302, IPC and sentenced to undergo rigorous imprisonment for life for causing the death of one Jnanappan and the latter under S.324 to undergo rigorous imprisonment for six months for causing hurt to Jnanappan's brother Johnson.

(2.) The first accused Ramaswami aged 25 is the son of the second accused Narayanan. They are blacksmiths by profession living in Roadarikathu Vadakumkara Puthen Veedu, Cherukulathoor with second accused's wife, a daughter aged 35 and a daughter inlaw aged 18. P.W.1 Rayappan a catechist of the Roman Catholic Church of the Kotturthachankonam was living with his two sons Jnanappan (the deceased) and Johnson (P. W. 2) in a house less than half a furlong away from the house of the accused. It is alleged by P. W. 1 that he entrusted a damaged lock to the second accused for repair with a sum of Rs. 2/- some two months before 13-10-1960. Repeated demands to get the lock back were futile and so on 13-10-1960 at about 7 P. M. while returning from Nellayani Estate P. W. 1 called accused 2 and asked him for the lock. Exchange of hot words developed into bandying of abuses which resulted in the pelting of stones by accused 2 at P. W. 1. P. W. 1 ran away crying out that accused 2 was stoning him, when his two sons Jnanappan and Johnson joined him and all three went to the accused's house-front to take him to task for pelting stones. The prosecution alleges that no sooner than P. W. 2 asked a question to the second

(3.) P. W. 1 removed his injured sons to the Kattakada Hospital in a car. Jnanappan died on the way at about 9 P. M. P. W. 1 then lodged the First Information with the Kattakada Police who registered the case and began the investigation which was completed by the Circle Inspector of Police P. W. 11 on 28-10-1960.