PYLAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The three appellants were the three accused in the Sessions Court charged for the offence of S.302 read with S.34 of the Indian Penal Code. Sessions Court convicted all the three of the said offence and sentenced them to undergo imprisonment for life. It is alleged that they committed murder of one of their neighbours Pylan at about 1 p.m. on 12-5-1990.

(2.) Prosecution case can be summarised as follows: Third accused is the grandfather of second accused and father of first accused. They are residing on the south of deceased's house. There were skirmishes between the two neighbours over boundary dispute. On the date of occurrence, they exchanged pejoratives as one among them had cut the branch of a tamarind tree and removed the root of the tree. Hurling of epithets at each other started in the morning and continued till noon. All the three accused came to the road in front of the house of the deceased. First accused had a crow-bar (M.O.1), second accused had an iron rod (M.O.2) and third accused had a handle of a spade (M.O.3). First accused challenged the deceased to come out of his house. Despite dissuasion from members of deceased's family, he chose to come out. Then first accused hit him with the crow bar on the neck. Deceased fell down. First accused again hit him with the crow-bar while second accused hit him with the iron rod and third accused hit him with M.O.3. One Devassy, brother of P.W.1, rushed to the scene and wrested the crow-bar from first accused.

(3.) P.W.1 and others, who reached the scene, took the deceased to the hospital. But on the way deceased died. First Information Statement was provided by P.W.I at 5.15 p.m. at Varandarappilly Police Station. An F.I.R. was prepared as Crime No. 80/ 90. First and third accused were arrested on 14-5-1990 and second accused was arrested on 18-5-1990.