SATHEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the act committed by the appellant can be brought down to the scope of exception (4) to S.300 I.P.C. is the most mooted point during argument in this appeal. The appellant was convicted of S.302 I.P.C. and sentenced to imprisonment for life. The said conviction and sentence are challenged before us.

(2.) The prosecution case can be summarised thus: One Rajasimhan alias Bava (P.W.4) was on intimate terms with one girl by name 'Kavitha' who resides near the house of the appellant. Kavitha did not meet P.W.4 on the appointed day as she was aware that the appellant had come to know of their affair. Two days prior to the date of incident P.W.4 questioned appellant about this. However the matter did not end there. It took a violent turn on the night of 8-5-1988. At about 4a.m. appellant took P.W.4 outside the house of one Narayanan (where they went to attend a marriage party). On the way they quarrelled and there was a tussle between them. Deceased Kannan who was sleeping outside his house on hearing hue and cry came out. He warned the appellant that he would be forced to act if accused would cause any harm to P.W.4. Then a scuffle ensued between the appellant and the deceased and both fell down and rolled on the ground. However they were separated by others. Appellant then left the place saying "I will show you". The appellant came back with a dagger. On seeing him the deceased ran towards west but the appellant chased him and stabbed him on the back. Deceased Could move forward for some more steps and he fell down. The appellant attempted to stab him again but he could not do so as others reached the place by that time. Deceased was removed to the Medical College Hospital, Trichur. The doctor who examined the deceased declared him dead.

(3.) P.W.1 went to Kasba Police station and lodged F.I. statement. Appellant was arrested on 10-5-1986. On the basis of information supplied by him M.O.1 dagger was recovered.