GEORGE KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) First accused (A-l) in S.C. No. 98 of 1987 of the III Additional Sessions Court, Ernakulam is the appellant in Crl. A. 355 of 1988, Crl. A. 247 of 1989 is filed by the State against the acquittal of the second accused (A-2) by the Sessions Judge.

(2.) Prosecution case is that A-l to A-2 in furtherance of their common Intention made entry into the hut where Avarachan alias Thankappan (deceased) was sleeping and caused his death on 26.4.1981 at about 2 p.m. According to the prosecution, A-l stabbed Thankappan twice with M.O. 1 knife and A-2 gagged Thankappan's mouth and nose. Motive for the crime is stated to be on account of the hostility entertained by Al and A2 towards Thankappan as he had assaulted their father Paily. Thankappan was first taken to the Government Hospital, Kumbalangi in an auto-rikshaw by P.W. 1 and others. On the advice of Dr. Varghese the injured was taken to the Government Hospital, Palluruthy. P.W. 12, doctor examined Thankappan and pronounced him dead. That was at about 3.30 p.m. P.W. 1 lodged Ext. P1 First Information Statement at Kannamaly Police Station. P.W. 11, sub Inspector recorded Ext. P1, P.W. 13, doctor conducted autopsy and issued Ext. P10, post-mortem certificate. P.W. 14, Circle Inspector investigated the case and laid the charge before the Court.

(3.) Prosecution mainly relies upon the dying declaration as spoken to by P.Ws. 1 and 2 and also their evidence that they saw A-l and A-2 running away from the scene. A-l carrying M.O. 1 blood stained knife. P.W. 3, brother-in-law of A-2 who was cited to prove the extra-judicial confession of A-2 did not support the prosecution case and he was declared hostile to the prosecution. Learned Sessions Judge found A-l guilty and convicted and sentenced him. A-2 was found not guilty and he was acquitted.