NARAYANAN Vs. STATE

JUDGEMENT

(1.) ACCUSED 1. 2 and 4 in Sessions Case No. 02 of 1981 of the Additional Sessions Court, Kottayam. are the appellants in this criminal appeal. The challenge is against the conviction passed by the learned Sessions Judge under Section 302, I. P. C, of accused 1 and under Section 302 read with Section 34, I. P. C, of accused 2 and 4. and sentence for imprisonment for life of all the 3 accused. Accused 3 was acquitted in the case. Briefly stated, the prosecution case is : The occurrence took place on the night of 9-3-1981. On that day, Thankachan, the deceased, went to the house of P, W. 1 to collect his share of profits in the bus service of which he was a partner, and received Rs. 5000/ -. At about 12. 30 in the night, he reached Nellickal junction where accused 4 was having a tea-shop. Thankachan was sitting on a table in the adjoining shop, and on the table there was a plastic can. There was an altercation between accused 1 and 4 and Thankachan, and, at that time. P. Ws. 7 and 8 came there. When Thankachan was about to beat accused 1, P. W. 7 interfered and requested him to go home. Then Thankachan went to the house of P. W. 9. paid Rs. 500/- to him and returned by about l0 clock. Accused 1 to 4 with the intention of causing hurt and death of Thankachan came in search of him with arms. The 2nd accused is the wife of accused 1, and accused 3 is their son. The 4th accused is a neighbour of theirs. P. W. 2 and her mother, who were sleeping in their house, got out of their house since the mother wanted to attend the calls of nature. P. W. 3, the father of P. W. 2, was then sleeping inside the house. When P. W. 2 and her mother were about to go into the house, the accused reached the court-yard. The 1st accused asked whether Thankachan came there, Accused 2 and 4 entered the house of P. W. 2, searching for Thankachan. They got out since they could not find him there. Hearing the noise, P. W. 3 came. Then the accused went on the road. They saw Thankachan there when accused 4 flashed his torch, Then the accused ran towards Thankachan. The 1st accused stabbed Thankachan with a knife, accused 2 gave him blows with M. O. 4 chopper and accused 3 inflicted injuries on him with M. O. 3 table knife while accused 4 beat Thankachan with torch light. Thankachan fell down, and the accused went away.

(2.) P. W. 1, a cousin of the deceased Thankachan, on coming to know that Thankachan was lying dead by the side of Nellickal Perumcherikkadavu road, immediately went to the place. Then, he went to the Kottayam East Police Station and gave Ext. P1 First Information Statement at 8. 15 a. m. on 10-3-1981. A crime was registered by P. W. 10. Sub-Inspector of Police, and Ext. P1 (a) is the First Information Report. P. W. 16. Circle Inspector of Police took over the investigation on 10-3-1981, He held the inquest over the dead body of Thankachan at the scene of occurrence and Ext. P10 is the inquest report. M. Os. 1, 2, 12, 13, 14 and 15 were recovered from the dead body and M. Os. 3, 5, 6, 7, 8, 9, 10, 11, 16 and 17 from the scene of occurrence. P. W. 1, a tutor in forensic medicine of the Medical College, Kottayam, conducted the post mortem and Ext. P2 is the post mortem certificate.

(3.) THE 2nd accused who sustained an injury was taken to the District Hospital, Kottayam. P. W. 5, the Doctor, examined accused 2 at the hospital and Ext. P4 is the wound certificate. On intimation from P. W. 5, P. W. 16 a Head Constable attached to the Kottayam West Police Station, went to the hospital and recorded her statement, Ext. P9. On the basis of Ext. P9, Crime No. 07 of 1981 under Sections 452 and 324, I. P. C, was registered and Ext. P9 (a) is the First Information Report. The 2nd accused was discharged from the hospital on 16-31981 when she was arrested.