SADANANDAN @ SEELAMONY Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANT is the accused in S.C.56 of 1986 of the Additional Sessions Court,Pathanamthitta.He stood charged under S.302 of the I.P.C.for having caused the murder of Sasi on 4th February 1986 at about 6.15 p.m. The learned Additional Sessions Judge found him guilty of the charge and convicted and sentenced him to undergo imprisonment for life.

(2.) DECEASED Sasi had borrowed Rs.100 from the accused.Sasi did not return the amount.Sasi went to the timber depot where accused was employed.There was exchange of words between accused and deceased culminating in a tussle.Shirt worn by Sasi was torn during the incident.That incident was at 5.30 p.m. Accused went to his house near a place known as Boundary ;.Prosecution case is that while accused was sitting on a stone at the place of occurrence Sasi came in a bus and on seeing the accused he(Sasi)went near the accused and Sasi asked the accused raising both hands and challenging the accused to stab him.Accused stating that he would do so stabbed Sasi in front of his chest with a knife and ran away RW.1 on getting information about the incident came to the place of occurrence and found Sasi lying in a pool of blood with injury on his chest.PW 1 proceeded to the Chittar Police Station and lodged Ext.P1 first information statement to PW.16 Sub Inspector of Police.On the basis of that statement PW 16 prepared Ext.P1(a)first information report .,Investigation of the case was taken by PW 17 Circle Inspector.He prepared Ext.P -9 inquest report.Dead body was sent to the Government Hospital,Pathanamthitta - Autopsy was,conducted by PW 1.Ext.P -8 is the post mortem certificate.

(3.) PW 2 deposed that he came to the place of occurrence in a bus and got down at boundary junction,that he did so to go to Madamon,that deceased Sasi and four to five persons alighted from the bus,that he purchased cigarette from a shop,that he heard a commotion,that he saw Sasi raising his hands and telling the accused to stab him and that the accused stabbed Sasi on his chest with a knife.PW 2 has identified the knife as M.O.6.It is also stated by PW 2 that Sasi asked for water and Asokan(PW 15)took water from a nearby water tap and gave water to the deceased.PW 15 also tried to bandage the wound with the help of a flag.