SHANKAR RAI Vs. STATE OF KERALA

JUDGEMENT

(1.) A case of fratricide. Accused is alleged to have committed the murder of his elder brother Narayana Rai by shooting him with a gun on 12th October 1986 at about 5p.m. The learned Sessions Judge, Kasaragod found the accused guilty under S.302 and convicted and sentenced him to undergo imprisonment for life.

(2.) P. W. 1 younger sister of the accused and Narayana Rai (deceased) lodged Ext. P1 first information statement before P- W. 14. Crime was registered by P.W- 14 and the investigation was undertaken by P- W. 15 Circle Inspector. Venue of the occurrence is the veranda of the house owned by the accused where he and his brother (deceased) were residing with their families along with P.W. 1. P.W. 8 doctor conducted autopsy and issued Ext. P-6 post mortem certificate. P.W. 15 held inquest. Ext. P-4 is the inquest report which is attested by P. W. 6. P. W. 5 ia a brother of the accused and the deceased who proved motive for the crime.

(3.) Prosecution relies on the evidence of P.W. 2, wife of the deceased to establish its case against the accused. P.W. 2 is an eye witness to the occurrence. P.W.1 who lodged the first information statement was not in the house at the time of the incident. She stated that while she was collecting grass in a field near the house she heard the sound of a gun shot from the house and that when she rushed to the place of occurrence she saw the accused running away from the scene. According to P.W. 1, accused told her that he has shot his elder brother and that he may or may not come back. On reaching the house P. W. 1 found Narayana Rai dead.