RAJAYYAN SAMUVEL Vs. STATE OF KERALA

JUDGEMENT

(1.) Four members of a family were subjected to brutal attack by a single assailant in three successive incidents within a short span of thirty minutes culminating in the murder of one among them." Appellant was convicted under S.302, 307 and 449 of the Indian Penal Code and was sentenced to undergo imprisonment for life, rigorous imprisonment for seven years and one year respectively. The correctness of the conviction and sentence awarded to him comes up now for evaluation in this appeal.

(2.) The material facts in a nut-shell are outlined hereunder: On 2-1-1987 at about 7.00p.m. appellant inflicted an injury on the neck of P.W.2 Bhaskaran with M.O.1 knife while he was standing the front of P.W.5's shop. He then trespassed into the house of P.W.2 and saying "I will kill you all" he stabbed PWs 3 and 4 on the necks who are the wife and sister of P.W.2 respectively. His simmering wrath did not end with it and he trespassed into the house of deceased Thankamma (another sister of P.W.2) and inflicted a stab injury on her neck also. Thereafter the appellant abruptly decamped. Injured were removed to the Government Hospital, Neyyattinkara by PWs 1 and 6. The doctor pronounced Thankamma dead.

(3.) First information statement was laid by P.W.I, daughter of the deceased, at 9.00p.m. On the same day S.I. of Police, Parassala, registered the crime. The appellant was arrested on 12-1-1987 and on the same day M.O.1 knife was recovered by P. W.17 as per Ext. P8 mahazar. Exts. P4 to P6 are the wound certificates issued by P.W. 13 in the case of PWs 2 to 4. Ext. P7 is the post mortem certificate issued by P.W.14 who conducted autopsy on the body of the deceased. P.W.14 deposed that the injury on the body of the deceased could be caused with M.O.1 and that it is sufficient to cause death in the ordinary course of nature. P.W.13 doctor who examined the other injured deposed that the injuries noted in Exts. P4 to P6 could be caused with M.O.1 knife.