STATE OF KERALA Vs. MULLAN ALIAS KUNJIMON

JUDGEMENT

(1.) Thisappcal by the State of Kerala is directed against the judgment of the Court of Session, Trichur Division acquitting respondent accused of the charge under S.302 IPC. Respondent stood trial for offences under S.324 and 302 IPC, for causing the death of one Subramanian and for causing injuries to P.W.1, in the course of the same transaction, at or about 6.30 p.m. on 13-2-'87. The court below accepted the evidence, but found that only the offence under S.304 Part I I.P.C. was made out.

(2.) Accused Mullan was engaged in quarrying operations. He was also living in adultery with one Janaky, with whose daughter Mini, the deceased was in love. Deceased sought the hand of Mini, in marriage. Accused resented the attentions paid to Mini by the deceased. It is alleged that the accused questioned deceased regarding his intentions, and that the deceased retorted back stating:

(3.) PWs 1 to 3 who were at the scene removed the injured to Kunnamkulam Hospital, and then on to the Medical College Hospital, Trichur. En route he died. P.W.I then made Ext. P1 report to the police and P.W.14 recorded Ext. P1(a) first information report. Ext. P5 is the inquest report' and Ext. P3 is the scene mahazar. P.W.11 performed autopsy on the dead body and issued Ext. P6 certificate. He noticed thirteen injuries, and found that injuries 2 and 3 were fatal. Those injuries are: