THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant challenges the conviction and sentence of imprisonment for life entered against him by the Sessions Court, Trichur for offence punishable under S.302 I.P.C.

(2.) The act attributed to the appellant is that he fisted Rappai (now deceased) with hand and caused the death of Rappai due to sub-dural haematoma.

(3.) The appellant and Rappai were neighbours. However, on account of some boundary disputes, they were on inimical terms and many cases, both criminal and civil, were pending between them, and in one case the appellant was fined Rs. 500/-. On 17-2-1985 around 5 PM, Rappai was going from north to south along Panokaran Road in Kanimangalam and when he reached in front of the house of one Viswambharan, the appellant, who was coming in the opposite direction fisted Rappai twice or three times above the right eye. Rappai sat down with pain and the accused ran away from the scene. PW 1 who was coming behind Rappai and PW 2 who was behind the appellant saw the occurrence. PW 2 went to the house of Rappai and informed his son PW 3 of the incident PW 3 came to the place of occurrence and took Rappai to the District Hospital, Trichur. On getting information about the incident, PW 6 another son of Rappai who was working at the Salem Branch of South Indian Bank, came to the hospital and Rappai told PW 6 as to how the incident took place. On information from the District Hospital, PW 8, the Head Constable, Nedupuzha Police Station went to the hospital and recorded Ext. P4 First Information Statement furnished by Rappai and prepared First Information Report and registered Crime No. 20/85 against the appellant for offences under S.341 and 323 I.P.C. Rappai underwent some treatment at the District Hospital, but finding that his condition became worse, he was taken to the Medical College Hospital, Calicut on 20-2-1985. Rappai was subjected to an emergency operation there. However Rappai died on 21-2-1985 at about 9 A. M. Thereupon PW 15, the Circle Inspector of Police sent a report altering the offence from S.323 to S.302 I.P.C.