MADHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED was charge sheeted under Ss. 447 and 302 I. P. C. Learned Sessions Judge, Manjeri found him guilty of the offence punishable under S. 447 and 302 I. P. C. , convicted him and sentenced him to undergo imprisonment for life under S. 302 I. P. C. No separate sentence was awarded for the offence under S. 447 I. P. C. ACCUSED has preferred this appeal against the said conviction and sentence.

(2.) CHEERU Amma (deceased), aged 65 was residing along with her only daughter at Pakkarathkunnu in Karuvambram amsom, desom of Ernad Taluk. In the evening of January 22, 1987 PW-1, a customer of PW-3 whose tea shop is on the south-east of the house compound of CHEERU Amma went to the tea shop for paying dues; finding PW-3 away to his house he (PW-1) went to the house of PW-3, paid the amount, and when he reached the road that runs in front of the house compound of CHEERU Amma he saw accused in her compound and herself protesting that the accused should not enter her compound. But accused asking what she would do if he entered, proceeded, she pushed him; then accused stabbed her on the right side of her neck. PW-1 raised an alarm and PWS. 2 and 3 came to the scene. Accused left the place. CHEERU Amma was removed to the District Hospital, Manjeri, on examination, she was pronounced dead.

(3.) PWS. l and 2 are the occurrence witnesses. PW-3 saw accused coming out from the house compound of Cheeru Amma immediately after the occurrence. PW-1 said, at about 6 P. M. on a day in January 1987 he went to the tea shop of PW-3 for paying dues and since PW-3 was not in his tea shop, he (PW-1) went to his (PW-3) house situated on the north-east of Cheeru Amma's house, paid the amount, and returned through the road lying in front of Cheeru Amma's compound. Then he saw accused going into the house compound of Cheeru Amma, Cheeru Amma protested that he should not enter her compound, but when accused proceeded asking what she would do, she pushed him. Immediately accused stabbed her on the right side of her neck. Receiving the injury Cheeru Amma sat down, and on seeing this he (PW-1) raised an alarm. He said, he went near Cheeru Amma. At hat time PWS. 2 and 3 also came there and that accused went away through the road. They took the deceased to the District Hospital, Manjeri. On examination Doctor pronounced her dead. He then went to the police station and tendered Ext. P1 F. I. Statement. He identified MO-1 dagger.