STATE OF KERALA Vs. SREEDHARAN ALIAS KUNJUKOCHU

JUDGEMENT

(1.) This is an appeal filed by the State against the order passed by the Additional Sessions Judge of Kottayam acquitting the accused who had been tried for the offence of murder. The case was that at 10.15 a. m. on 5th August 1961 he intentionally caused the death of one Kumaran by stabbing him with a dagger.

(2.) The incident is alleged to have taken place in Muthimala Rubber Estate. P. W. 1 is the owner of the Estate. It is the prosecution case that the accused and the deceased Kumaran were on inimical terms for some time. On the date of the incident deceased Kumaran had gone to P. W. 4's estate and helped him in tapping rubber and at about 10 a. m. left the place to take his bath in the channel on the western side. After Kumaran left, the accused went to P. W. 4 and made enquiries about Kumaran and was informed that he had gone to the canal to take his bath. He then left the place. A little later the accused met Kumaran on the foot path. He caught hold of Kumaran's cloth and saying that he was all the while searching for him, stabbed Kumaran on his chest and when he turned to run away and escape, the accused stabbed him again two or three times on his back. On receipt of the injuries he fell down and in a few minutes succumbed to his injuries.

(3.) P. W. 2 who had witnessed the incident ran to the west in fright. When he reached the eastern bund of the canal he saw P. W. 3 and his brother Avirachan coming to the estate from the western side. He told them what he had seen and they all together came to the scene of occurrence. While proceeding to the scene they saw the accused running east from the place where Kumaran lay injured with a Malapuram knife in his hand. P. W. 4 also saw the accused running away with a knife and when he reached the scene he saw Kumaran lying injured.