CHACKO MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant Mathai was convicted under S.304 IPC. and sentenced to rigorous imprisonment for a term of seven years by the Additional Sessions Judge, Kottayam for having caused the death of one Yohannan by stabbing him at about 6-45 p. m. on 19th June 1962.

(2.) The prosecution case is that the accused feeling bitter and vengeful towards Yohannan as a result of the quarrel between them over the price of the hide of a cow and also a criminal case between them happened to meet Yohannan at about 6-30 p. m. on 19th June 1962 on the footpath lying near the house of Pw. 3 Scaria when the accused attacked Yohannan, stabbing him a number of times with a malappuram knife M. O. 2. Yohannan's cries attracted Elias Pw. 1, Mathai Pw. 2, Scaria Pw. 3 and several others to the scene. The first to arrive was Pw. 1 who saw the accused sitting on Yohannan's chest and stabbing him. When Pw. 1 tried to intervene the accused stood up and aimed two stabs at him which were both warded off by Pw. 1 who thereby received some minor injuries on his right hand and wrist. By this time the others arrived at the scene and seeing them approaching the accused ran away from the place carrying with him the knife. The injured Yohannan was removed by Pws. 2, 3 and others to the Government Dispensary; Pampady. Yohannan died on the way and his body was taken to the dispensary by 9 p. m. From the hospital Pw. 1 went to the Pampadi Police Station and lodged the information. The accused was arrested the next day.

(3.) The accused pleads self defence. According to him he was attacked by Yohannan and Pw. 1 a relation of Yohannan who fisted him and hit him with stones. He was thrown on the ground and Yohannan sat on his chest throttling him while Pw. 1 stood on his thighs. At this juncture apprehending danger to his life he pulled out his knife and waved it hitting Yohannan with it.