CHELLAPPAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused is alleged to have caused the death of Bhanuvikrama Kurup on 6-1-1985 at about 7.15 p.m. while he was walking alongwith P.W.2 through the Panchayat road. Learned Additional Sessions Judge, Mavelikara found the accused guilty under S.302 of f he Indian Penal Code and convicted and sentenced him to undergo imprisonment for life.

(2.) Prosecution case is that Sarasamma, wife of the accused had applied for a loan under the I.R.D.P. Scheme for conducting a tea shop. The loan was sanctioned on the basis of the permission given by P.W. 3 (husband of P.W.2) to conduct the tea shop in his property. Later P.W.3 withdrew the permission. According to the prosecution, the accused was under the impression that the permission was withdrawn by P.W. 3 at the instigation of Bhanuvikrama Kurup. Accused nursed a grudge against Bhanuvikrama Kurup and that motivated him to commit the murder. It was P.W. 1 who lodged the first information statement (Ext. P1) before the police. P.W. 16, Sub Inspector recorded Ext. P1. P.W. 17 investigated the case. P.W. 18, Circle Inspector arrested the accused on 21-4-1987 at 10.30 p.m. and after completing the investigation he laid the charge before the Court.

(3.) Accused (appellant) stood charged along with Madhavan Pillai for having caused the death of Bhanuvikrama Kurup. As the accused (appellant) was absconding, Madhavan Pillai was separately tried in SC 113 of 1985 by the Additional Sessions Judge. He was acquitted in the case.