ASAN THARAYIL BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) Fifty year old Baby alias Varghese, the appellant herein, has been convicted and sentenced to imprisonment for life under S.302 IPC for the murder of Abraham, his brother inlaw (sister's husband) by stabbing him with MO 1, dagger. The occurrence took place on the pathway running east to west leading to the river situated near the house of the appellant and was at about 8 p.m. on April 8, 1979.

(2.) Leela, sister of the appellant was married to Abraham, the deceased. Abraham was ill treating Leela and making her life miserable. On account of this, the appellant was inimically disposed towards Abraham. Thomas (PW 4), brother of Abraham, who was residing at Otakkayam in the neighbouring District had come for a short visit to the house of his brother and was there on the date of occurrence. Some time prior to the occurrence, Skaria (PW 1) who is residing near the house of Abraham paid a visit to the house of Abraham to meet PW 4 knowing that he had come there. Abraham who was there in the house told PW 1 that PW 4 had gone out and would return only late in the night and also offered to accompany PW 1 to the house of Kunju where PW 4 had gone. Thereafter, both Abraham and PW 1 proceeded to the house of Kunju. But on reaching there they were told that PW 4 and Kunju had gone out to the nearby river for taking their bath. PW 1 and Abraham then proceeded to the river side along the pathway leading to the river. When they reached near the house of the appellant, the appellant came out of his house with a dagger and asking him whether he had not ill treated and threatened to kill the appellant's sister, stabbed Abraham thrice with the dagger. Seeing this PW 1 raised a hue and cry and some persons residing in the neighbourhood and also PW 4 came running. The appellant then went back to his house with the dagger. Abraham was immediately removed to the Medical College Hospital, Calicut, where while under treatment, he died at 11-35 p.m. on the same day. PW 1 went to the Tamarassery Police Station and laid the first information statement, Ext. P1, at 11-15 a.m. on the next day which was recorded by the Sub Inspector of Police (PW 10) who registered a case on that basis and on reaching the hospital, held inquest over the dead body under Ext. P11, inquest report. Assistant Professor of Forensic Medicine held autopsy over the dead body and issued Ext. P9, post mortem certificate. Taking up investigation into the case PW 11, Circle Inspector of Police, inspected the place of occurrence, prepared scene mahazar and questioned witnesses. On April 16, 1979, at 5-30 a.m., the appellant surrendered before PW 11 and produced MO 1, dagger which was taken into custody under mahazar Ext. P4.

(3.) The plea of the appellant was one of complete denial.