KADAVANATHIL BABY Vs. STATE

JUDGEMENT

(1.) ACCUSED Nos. 1 and 4 in S. C. No. 105 of 1980 of the Sessions Court, Tellicharry have preferred the appeals challenging the conviction and sentence passed against them. Criminal Appeal No. 268 of 1981 is the appeal filed by the 1st accused. The appeal of the 4th accused is Criminal Appeal No. 279 of 1981.

(2.) THE 1st accused was charged with offences punishable under Sections 302 and 201 read with Section 34 of the I. P. C. as also an offence punishable under Section 3 read with Section 25 (1) (a) of the Arms Act, 1959 for causing the death of Mathew Manjooran, the husband of the 4th accused by shooting him with an unlicensed country gun. All the four accused were charged under Sections 302 and 201 read with Section 34 of the I. P. C. Accused Nos. 2 and 3 were acquitted. Accused No. 1 was found guilty under Section 302 read with Section 34, I. P. C. and also under Section 3 read with Section 25 (1) (a) of the Arms Act. The conviction of the 4th accused was for offence under Section 201 read with Section 34, I. P. C. The 1st accused was sentenced to undergo rigorous imprisonment for life under Section 302, I. P. C. and rigorous imprisonment for two years for the offence under Section 3, read with Section 25 (1) (a) of the Arms Act. The 4th accused was sentenced to undergo rigorous imprisonment for a period of three years under Section 201, read with Section 34, I. P. C. There was a direction that the sentences imposed against the 1st accused shall run concurrently.

(3.) MATHEW Manjooran has been living with his family in a forest area known by the name Kozhichal, close to the Mysore Reserve Forest. His family consisted of Thankamma (A4) and the children born to them, Kuttappan (P. W. 2) aged 7, Benny (P. W. 3) aged 6, Raji and Kanaka. The hut was humble but the scene around was beautiful with a waterfall nearby and a stream meandering before it. Closeby was the Reserve Forest, where 'starlight drips down the crypt of wood'. Mathew Manjoo-ran, aged 50, having a massive moustache (which earned him the name 'meesa Mathew', the moustache and whiskers being prominent distinguishing features enabling identification of his dead body even when the head had been severed and buried in a pit in the forest) was employed as a rubber tapper in the Estates around the area. Thankamma, like many others in that area, made earnings by illicit brewing. It is in evidence that the arrack distilled by her, is popularly known as 'mathew's Brew'. Understandably enough, there were many customers who used to consume the liquor served in the verandah of her house dimly lit by the pale kerosene lamp. Some used to take it home in bottles. Such customers included the 1st accused, a young man aged 25, reputedly having a substantial rubber estate in the vicinity. He used to enjoy life by hunting in the forest and consuming the liquor brewed by Thankamma. sometimes he used to 'sleep' in Thanka-mma's house. At about the time of the incident, Mathew Manjooran was employed in a rubber estate in Manakkadavu then run by one Sabastian Joseph, the writer of the estate being P. W. 10. ' On 8-12-1979, the week-end Saturday Mathew Manjooran received his wages after settling the accounts and returned home, (and as it transpired, never to return to the work ). As was his practice (and, as is likely to be the practice of any affectionate father) he took with him for his children a plastic packet containing sweets, biscuits, cakes and plantains. When he reached home by about 8. 30 P. M. , the 1st accused was already there in his house. He was on his hunting spree accompanied by P. W. 1. He wanted to have a drink before he set out to hunt. The stock of arrack had, however, run out. Thankumma hurried to make some for the 1st accused. The 1st accused placed his gun M. O. 3 in a corner of the kitchen. The two had Kadavanathil Baby and Anr. vs. The State (14. 04. 1983 -KERHC) Page 3 of 14 y and Anr. vs. The State (14. 04. 1983 -KERHC) Page 3 of 14 their talks too. Mathew came in there and saw the 1st accused. Mathew did not relish the presence of the 1st accused in his house. There was an exchange of unpleasant words between them. The 1st accused took his gun, and shot Mathew. He cried aloud and stepped out to the courtyard vomitting blood. He was dead within a short time. The children P. Ws. 2 and 3 cried. They were, however, directed by their mother, accused No. 4, to hush their cries and suppress their sorrow. She gave a lunki M. O. 1 to the 1st accused, who, with the help of accused Nos. 2 and 3 thereafter covered the body in a hession bag (vernacular) and, removed it to a place near by the Mysore Reserve Forest. Mathew's head was severed from the body and it was buried in a pit along the plastic pocket containing the sweets and plantains. (This was apparently done with a view to make out that Mathew met his death even before he reached his home and before he could give the sweets-packet to his children ).