BHASKARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Conviction for having murdered his uncle-cum-father-in-law, Gopalan Nair, and the consequent sentence of imprisonment for life are challenged in this criminal appeal by the sole accused.

(2.) Gopalan Nair was aged 58 and was about to quit from his petty Job. He settled his properties in favour of his children reserving full rights with him and his wife. P.W. 2, till their death. P.Ws. 1 and 3 are his daughters and P.W. 2 is the widow. P.W. 3 is the wife of the appellant. Paramatt house and its compound at the vital belonged to the deceased and was given to P.W. 3 with the above reservations. Appellant was residing with P.W. 3 in that building. The restrictions on the rights given to his wife made him unhappy. His persuasion with the deceased to surrender full rights did not succeed. The resultant ill-will is the motive alleged by the prosecution.

(3.) In the compound, immediately adjacent to Paramatt house, Gopalan Nair constructed a new building for his third son. That building was tiled on 19/4/1987. For that function, all the members of the family assembled at Paramatt house. Tiling was over by evening. Gopalan Nair then went out and came back by about 8.30 P.M. Appellant was found quarrelling with P.W. 3 in continuation of his earlier quarrelsome behaviour. Gopalan Nair interfered. Appellant took an air-gun in an attempt to beat him. P.W. 3 prevented and took the gun from him. Gopalan Nair stepped out. Appellant followed him picking M.O. 1 chopper and cut him on his forehead. Gopalan Nair fell down. After giving one more cut, he stamped him on the chest and abdomen. Gopalan Nair became unconscious. He was immediately removed to the District Hospital, Ernakulam and from there to the Medical Trust Hospital, Ernakulam. While under treatment there, he died on 22-4-1987. This is the prosecution case.