KUNNATHURA THOMMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant, Thomman @ Thomas is the accused in S.C. No. 138 of 1996 of the Sessions Court, Tellicherry. The challenge is with regard to the conviction entered against him for the offence under Sec. Part II with regard to the earth of one Siby and for the offence punishable under Sec. 324 of the I.P.C. with regard to the injury suffered by PW1 Raveedran Chettiar and the sentence of R.I. for six years and fine of 10,000/- (in default R.I. for six months); and R.I. for two years and fine of Rs. 2500/- (in default R.I. of one month) respectively for the said two offences.

(2.) Detailed facts of the case are available in paragraph 2 of the impugned judgment and it is unnecessary for me to narrate the entire details all over again. Suffice it to say that the prosecution had alleged that following an incident of insult from Siby, the deceased, at about 9.30 p.m. on 25.8.1995 when Siby and PW1, who were walking southwards from the shop Tasty Food which is sandwiched between Toddy shop No. 58 and Arrack shop No, 80 at Karthikapuram bazaar and when they reached in front of the Cinema Theatre by name Udaya Talkies , the accused, who was walking behind them, asked Siby whether he would insult him and also warned him that he should not pose tall. When Siby retorted that the accused also need not pose tall, the accused suddenly took out MO1 knife and after removing its paper wrapper, inflicted a stab in jury, which struck near the eyebrow of Siby. PW1 then rushed to the aid of Siby and then stating that you too could get the accused stabbed at the stomach of PW1. On suffering the stab PW1 ran back to Tasty Food shouting that the accused had stabbed him. After the wound suffered by PW1 was dressed with a towel, both the injured were removed to the government Hospital, Taliparamba. By that time Siby had succumbed to the in juries. PW1 was taken to the District Hospital, Kannur and from there to the Medical College Hospital, Kozhikode. His life, however, could be saved.

(3.) On the arguments advanced in the case the points that arise for decision are: