ANTHONY DEVASSYA Vs. STATE OF KERLA

JUDGEMENT

(1.) ACCUSED 1 and 2 who are brothers are the appellants. The fourth accused is the sister of accused 1 and 2 and the third accused is their father. The first accused is convicted under Section 302 and sentenced to death and the second accused under Section 324 I. P. C. and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 300/ -.

(2.) THE charge against them was that they along with accused 3 and 4 in pursuanee of their common intention caused the death of one Mathai by stabbing him with a malappuram knife. The first accused is said to have inflicted four incised injuries including the fatal one and the second accused of having caused a minor injury on the scapula. Accused 3 and 4 who are acquitted are said to have held Mathai in their grips while the first accused stabbed him. The incident took place at 7. 30 P. M. on 2-7-1961 on the Ettumanoor Athirampuzha road at a place near the shop of P. W. 3. The prosecution case is that the first accused at about 7-30 P. M. abused the deceased Mathai who was then proceeding from the Sports Club closeby to the shop of P. W. 3 and aimed a stab which was warded off by Mathai. Mathai in turn slapped on the cheek of the first accused when the second accused who was nearby took a knife from the shop of P. W. 3 and Inflicted a stab on the right shoulder blade. Though the second accused aimed further stabs they were all warded off. Then accused 3 and 4 arrived from their house to the east of P. W. 3's shop and accused 3 is alleged to have caught hold of Mathai on his waist and accused 4 to have held his right hand and slapped him. The first accused then stabbed Mathai in the left armpit and below the left shoulder. Accused 3 and 4 left their hold and Mathai fell down on his face. All the accused then left the place. Mathai attempted to get up and succeeded in taking two or three steps when he fell down again. He was removed by P. W. 1 and others to the District Hospital, Kottayam. By the time the doctor saw him he was dead. Pw. 1 then proceeded to the Ettumanoor Police Station and lodged the First Information. His statement was recorded at 11. 15 the same night by Pw. 13 the Sub-Inspector of Police. As the allegation in that statement was that these four accused along with the wife of the third accused took part in the crime a case was registered against all the five. Since investigation revealed that the wife of accused 3 had not taken any part in the incident the case was charged against the rest of them. The accused surrendered at the police station at 3-30 P. M. on 16-7-1961 and on his information P. W. 13 the Sub Inspector recovered M. 0. 1 knife under Ext. P-ll seizure list at 6. 30 P. M. the same day. The knife alleged to have been used by the second accused was produced by P. W. 3 before the Circle Inspector and was taken into custody under Ext. P-4 mahazar. After completing the investigation the charge was laid on 29-7-1961.

(3.) THE plea of both the accused is one of complete denial. A suggestion was made that at about the time of the incident the electric lights had failed for a few minutes and thus nobody could have identified the actual assailant of Mathai. A witness was also examined to prove the failure of electric current. It may be mentioned even here that this suggestion was not pursued in this Court.