OUSEPH JOSEPH ALIAS KOCHAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, the accused in Sessions Case No. III of 1970 of the Sessions Court, Kottayam, has been convicted and sentenced to life imprisonment under S.302 IPC. for causing the death of one Mathai alias Raju by stabbing him with MO. 1 malappuram knife at about 4 p.m. on 10-9-1970 at the southern court yard of a shop building in Poovarani kara.

(2.) Pw. 7 Mathew conducted small trade, in the shop building and Pw. 1 Kunjupillai Asari, a rubber tapper, used to conduct some carpentry work in the eastern room adjacent to the room in which Pw. 7 conducted the trade. On 10-9-1970, Pw. 1 was engaged in his room making toys. While so, the appellant came there before 4 p.m. and he stood leaning to the southern wall of the shop building watching the carpentry work of Pw. 1. Immediately thereafter, Pw. 2 Kuttappan accompanied by the deceased Raju arrived at the place. Seeing the appellant standing on the verandah in front of the room in which Pw. 1 conducted carpentry work, Pw. 2 asked him whether he would like to smoke a cigarette. The appellant declined the offer and he also stated that he would no longer have his friendship continued with him. Pw. 2 then purchased two cigarettes from the shop of Pw. 7 and after lighting them both, he offered one of the cigarettes to the appellant. The appellant brushed aside the cigarette which was offered to him and also caught hold of Pw. 2 by his neck, as a result of which there was a 'tussle between the two and during the tussle both moved themselves to the western side of the verandah of the shop. On seeing the tussle, the deceased Raju caught hold of the left hand of the appellant, when the appellant took MO. 1 malappuram knife from his waist and brandished it, with the result that it struck on the left shoulder of the deceased Raju as a result of which he sustained a bleeding injury. By that time, Pw. 6 happened to come to the scene when he tried to catch hold of the knife. But, the appellant wriggled out of the hold of Pw. 6 and stabbed deceased Raju on his neck, as a result of which Raju fell down dead on the south of the verandah in the courtyard of the shop building. The appellant thereafter went away from the spot carrying MO. 1 in his hand.

(3.) Pw. 1 made the first information statement at 6 p.m. on the same day before Pw. 9, the Head Constable, Palai. Ext. P1 is the statement. On the strength of the statement, a crime was registered against the appellant. Pw. 10, the Inspector took up the investigation. The appellant appeared at the Police Station on 16 9 1970, when he produced MO. 1 which was then seized under Ext. P10 mahazar. On chemical analysis, stains of human blood were seen on MO. 1. Pw. 3 Assistant Surgeon, Palai, conducted the autopsy on the dead body and issued Ext. P4 post mortem certificate. On completion of the investigation a charge was laid against the appellant.