MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused a boy aged 17 was charged for the offence of murder under S.302 I.P.C .,in that he caused the death of one Adruman by stabbing him on the night of 16 -8 -61 from the verandah of his house.The learned Sessions Judge found,on the evidence,that the accused had done the act under grave and sudden provocation coming within exception(1)to S.300 I.P.C .,and convicted him under Part II of S.304 I.P.C .,and sentenced him to rigorous imprisonment for five years.

(2.) THE accused was living with his mother and a younger sister of his,in their house in Madavoor Village.The deceased was living with his wife and children about 200 yards away to the west of the accused's house.The father of the accused died about 14 years ago,his mother married again,but that marriage was dissolved 4 or 5 years prior to the occurrence.Since one year she was on terms of illegal intimacy with the deceased.

(3.) NEXT morning the deceased was found lying dead with injuries in the lane.Many persons gathered there and one of them,P.W.5 a neighbour went to the Amsom Adhikari,P.W.8 and laid a complaint Ext.P.2 to the effect that the deceased is seen lying dead with injuries.P.W.8 prepared his yadast and despatched it to the Kunnamangalam police station.A case was registered.P.W.12 the Sub -Inspector took up the investigation and immediately proceeded to the scene.He noticed marks of blood which had spurted out on the wall of the verandah and the bench.The dead body of the deceased was then removed to the courtyard of the accused's house and inquest was held.