IBRAHIMKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants, accused 1 and 2 in Sessions Case No. 35 of 1980 on the file of the Court of Session, Thodupuzha, have, in this appeal, challenged their conviction under Section 302 read with Section 34, I. P. C. and sentence to imprisonment for life by judgment dated 17-111981, on the charge that the accused in furtherance of their common intention committed murder by causing the death of one Basheer by cutting him with a chopper and stabbing him with a knife at about 7. 45 p. m. on 5-3-1980 at the tea-shop of P. W. 2 at Upputhara in the high ranges, 32 kms. away from the Peermade Police Station.

(2.) ACCUSED 1 and 2 are brothers. The deceased Baslheer is the son-inlaw of P. W. 1. There had been ill-feeling between Basheer and the 1st accused, and a few days prior to the date of occurrence, the deceased Basheer remonstrated with the 1st accused about the quarrels that he used to have with his wife to the annoyance of the neighbours. An altercation ensued between the two, resulting in Basheer beating the accused. The prosecution case is that this incident constituted the motive for the crime. The case of the prosecution in brief is as follows. At about 6 p. m. on the date of the occurrence, accused 1 and 2 went to the tea-shop of P. W. 2 situated at about 6 ft. above the road on the east. The tea-shop consists of two rooms with a lean-to on the north, and has a verandah on the eastern side with entrance to both rooms. P. W. 2, the proprietor, was seated at the counter in the southern room. P. W. 3 Sasidharan was in the lean-to preparing tea. The accused were seated in the northern room. They remained in the tea-shop when at about 7 p. m. the deceased Basheer, in the company of P. W. 4, arrived there. Basheer took his seat in the southern room while P. W. 4 entered the northern room, and both had taken tea. At about 7. 45 p. m. , P. W. 4 after paying the cash, stepped out of the tea-shop to the road. Basheer then asking P. W. 4 to wait, entered the verandah and was about to pay the bill. At that time, the 1st accused who was in the northern room, advanced towards Basheer and dealt a blow on his back with a chopper, causing injury. Basheer turned on his side when the 1st accused again struck him with the chopper. Basheer warded off the attack, receiving an injury on his right thumb. The 2nd accused suddenly came out of the northern room and seeing him, Basheer ran to the court-yard. He fell on his back. Both the accused advanced towards him. The 1st accused again struck him with the chopper on the forehead and caused injuries. The 2nd accused who was armed with knife, inflicted penetrating injury on the chest. Both the accused thereafter took to their heels while Basheer moved forward for a few feet and fell on the tapioca plantation on the eastern side of the road. At the time of the occurrence a petromax light was burning inside the tea-shop. P. W. 2, who was in the southern room, P. W. 3 as well as P. W. 4 witnessed the occurrence.

(3.) P. W. 4 informed P. W. 1 the father-in-law of Basheer about what happened. P. W. 1 came to the tea-shop and found Basheer lying dead. The next morning, he lodged the first information at the Peermade Police Station at about 10 a. m. On the basis of Ext, P1 statement of P. W. 1, a crime was registered against the accused and investigated. P. W. 12, the Assistant Sub-Inspector readied the scene and held the inquest on the dead body at 1 p. m. and prepared Ext. P7 report. He seized from the scene three pairs of chappals found scattered. The autopsy on the dead body was performed by P. W. 7 who issued Exhibit P4 certificate. The doctor noticed a penetrating wound 5 cm. in length in front of the chest over the sternum and medial end of the 6th rib, right side. The left end of the wound was 11/2 cm. higher in position than the right end. The wound had clean cut edges that were curved to each other and 2 cm. apart at the centre. The wound was directed backwards and downwards and 10 cm. in depth. It passed through the sternum, 6th rib right side, pericardium, right ventricle of the heart and the diaphragm and ended in the upper part of the left lobe of the liver. On the left end of the wound over the sternum there was some raggedness. On the liver, the wound was 2 cm. in depth and 2 cm. in length. The other injuries were: (1) an incised wound 6 cm. in length on the scalp from the centre of the forehead towards the back and right side, deep to the skull; (2) an incised wound on the right thumb 3 cm. in length from the root of nail splitting the distal phalanx; (3) an abrasion on the outer side of the right upper arm 1x6 cm. in size; (4) an incised wound on the back at the centre, 9 cm. in length and deep to bone and a clean incised wound 11/2 cm. in length and 1 cm. in depth at a point 2 cm. above and lateral to the last mentioned injury. The penetrating injury on the chest was certified to be fatal. The accused were arrested on 13-3-1980 and this led to the recovery of M. O. 3 chopper and M. O. 2 knife, On completing the investigation, P. W. 13 laid the charge against the accused.