GOVINDAN SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant Govindan Sreedharan stands convicted for the murder of one Raghavan and sentenced to undergo rigorous imprisonment for life.

(2.) The incident took place at about 10 clock: on the night of 7-1-1961 the scene of occurrence being a foot-path leading to the Aroor-Shertallai road. Raghavan had pledged a purse to Pw. 8 for 8 annas. He wanted the accused to get back the purse for him from Pw. 8 and the accused failed to comply with the request. There was a quarrel between Raghavan and the accused at about 10-30 P.M. on the date of the incident. It took place in front of the Bhavani Talkies in the Shertallai town. There was a ceremony in the house of Velu a relation of Raghavan in connection with his pilgrimage to Sabarimala. The accuseds brother Thankappan who was on his way to Velus house along the foot-path was belaboured by Raghavan. The hue and cry raised by him attracted several persons including Pws. 1 to 3 to the scene and Thankappan left the place. The prosecution case is that after that when Raghavan was talking to Pw. 1 the accused rushed up with a knife and stabbed him on the chest saying have you beaten my brother also. Pw. 1 informed the police about the incident who recorded his statement and registered a case. The accused was arrested by Pw. 14 on 8-1-1961 from the house of Pw. 10 a relation of his and on information furnished by him M.O. 1 knife was recovered from the compound where Pw. 10 was residing. As the accused had some marks of injuries on him he was sent for medical examination. Pw. 13 examined him and issued Ext. P8 certificate. The case was charged on 23-1-1961.

(3.) The accused admits that he is responsible for the injury and his case is that he inflicted the same in the exercise of his right of private defence. According to the accused the deceased who was a bully and drunkard made a wanton attack on him in front of the Bhavani Talkies earlier in the night when Pw. 7 intervened and got him free and he ran away after striking the deceased from behind. The deceased chased him for some distance and then stopped. The deceased who was fully drunk was in a mood for retaliation and was waiting in the foot-path for him. When he and his brother Thankappan were proceeding to the house of Velu he stopped to collect plantain leaves to be used in connection with the ceremony. Thankappan who went ahead was belaboured by the accused. Attracted by his brothers cries the accused rushed to the spot. Then the deceased turned on him shouting I was waiting for you and caught hold of him by his throat and was attempting to kill him when he used the knife to save his life.