SUDHAKARAN ANIYAN KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANT Sudhakaran alias Aniyan Kunju aged 24 was accused 1 in Sessions Case No. 22 of 1981 before the Sessions Judge, Kottayam. He has been convicted under S. 302, I. P. C. and sentenced to imprisonment for life. Accused 2 who was prosecuted with him has been acquitted.

(2.) THE prosecution case is as follows: THE deceased thomas, his wife pw. 1 and children pw. 2 and Beena were residing in the chettiyath house marked 2 in the plan Ext. P-6. To the north-west of this house is the house of accused No. 2 marked 1. Accused 1 who is the cousin of the 2nd accused's wife also resided with him to look after his affairs as the 2nd accused was mostly away being employed in the railway. On the northern side of the compound of the 2nd accused is a public pathway running east and west. It touches the compound of one Rajan pw. 3 on the west. From the public pathway there is a foot-path leading to the house of accused 2. THE relationship between Thomas and accused 2 was not happy as Thomas spread a story that accused 2 had committed theft of coffee-beans from the land of one Namboodiri, a neighbour. On 18-8-1980 at about 6. 45 p. m. , Thomas left his house and proceeded west along the public pathway for going to the house of pw. 3 for looking up pw. 3's brother-in-law who was ailing. When he came near the entrance to the compound of accused 2, accused 2 came out and forcibly dragged thomas into the compound against his resistance. In the course of the scuffle he pushed Thomas down to the ground. Accused 1 who was nearby inflicted stabs on the abdomen of Thomas with the Malappuram Knife M. 0. 2 and when on receiving the injuries Thomas turned, he inflicted further stabs on his back. THE accused then ran away.

(3.) WHEN questioned on the prosecution evidence under s. 313, Criminal Procedure Code, the 1st accused gave the following version of the incident. While he was standing in the court-yard, Thomas came to the front of the house uttering abusive words. He retorted in the same language. At this time Thomas rushed up and tried to beat him with a stick. He avoided the blow when Thomas aimed a second blow on his head. Thereupon he stabbed Thomas. He was not aware of the further details. He admitted that after the event himself and accused 2 were absconding until 10-9-1980 when they appeared before the police and he produced the knife. Accused 2 merely stated that while he was in the back-yard he heard some hubbub in the front and on running up saw Thomas lying on the ground.