(1.) THE accused in S.C.No.364 of 2000 of the Additional Sessions Court(Adhoc-II), Kottayam, who stands convicted under Section 304 Part II of IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for three more months, has come up in appeal.
(2.) PW 1 along with his wife PW2, children, parents and his younger brother, Sabu Mathew and Shirly who is the wife of Sabu Mathew had been residing together at the family house of PW1 at Kizhakkekara Bhagom at Chenappady Kara, Erumely Village. Shirly, who is the sister of the appellant, and the daughter of the second accused was given in marriage to Sabu Mathew, just one year back to the incident. Shirly had been suffering from mental illness. Shirly became pregnant and she was taken back by the appellant and his father for delivery. The appellant along with his father who is the second accused, Shirly, her child, mother and her sister arrived at the house of PW1 at about 5.30 p.m. on 2.7.1999. Sabu Mathew along with PW3 also reached the house of PW1 as invited by PW1. PW3 is the brother-in-law of PW1, Sabu Mathew, and the deceased. The father of PW1 who had gone to the house of the deceased also appeared at the house of PW1 along with deceased Joy Mathew. The matter relating to the mental illness of Shirly was discussed by all of them and it was decided to take Shirly to a doctor on the next Monday, and thereby the appellant, A2, Shirly, her child, mother and sister went to the road, with a view to going home. However, the appellant along with A2 came back to the courtyard of the house of PW1 without much delay. There occurred a wordy altercation between the deceased and the appellant, as the deceased told the appellant that knowingly Shirly who was a mentally ill person was thrust upon his younger brother Sabu Mathew. It is alleged that A2 caught hold of the dhoti of the deceased and there occurred a push and pull in between them. The appellant drew MO1 knife from his waist and stabbed the deceased twice with MO1. On getting one of the stabs on the left side of the chest of the deceased, he collapsed. It is alleged that the second accused hit PW1 on his head with a piece of the trunk of an areacanut tree thereby causing an injury. As and when the deceased collapsed, the appellant and the second accused took to heels. The deceased died on the way to the hospital.
(3.) HEARD the learned counsel for the appellant and the learned Public Prosecutor. Learned counsel for the appellant has argued that there is no sufficient evidence to convict the appellant under Section 304 Part II of IPC.