VISWANATHA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 and 2 (A1 and A2) are the appellants. They were charged under S.302, 307, 326 and 324 read with S.34 of the I.P.C. The learned II Additional Sessions Judge found Al guilty under S.302 of the I.P.C. and convicted and sentenced him to undergo imprisonment for life. He was also convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.500/- under S.307 of the I.P.C. In default of payment of fine, he has to undergo rigorous imprisonment for two months. He was also convicted and sentenced to undergo rigorous imprisonment for six months under S.324 of the I.P.C. A2 was found guilty under S.326 and he was convicted and sentenced to undergo rigorous imprisonment for 2 1/2 years and also to pay a fine of Rs.500/-. In default of payment of fine, he has to undergo rigorous imprisonment for a period of two months more. He was also convicted and sentenced to undergo rigorous imprisonment for six months under S.324. All the sentences to run concurrently.

(2.) The prosecution case is that on 16-8-1988 at 6.30a.m. Manikuttan (deceased), P.W.I Geetha (sister of the deceased), P.W.2 Unni (elder brother of the deceased) and P. W.3 Pankajakshy Amma (mother of the deceased) were returning after taking tea from the shop of P.W.6 Ramachandran Pillai, that when they reached in front of P.W.5's house P.W.2 went to meetP.W.5, that deceased, P. W. 1 and P.W.3 walked towards their house, that A1 assaulted P.W.2, that when deceased, P. W. 1 and P. W.3 came to the scene Al and A2 assaulted them and that Al caused fatal injury on the deceased when he tried to save his mother (P.W.3) being attacked by A1. Nearby people gathered there. The injured persons were taken to Taluk Headquarters Hospital, Kottarakkara. Manikkuttan died on the way to the hospital. PWs 1 to 3 who sustained injuries were referred to the District Hospital, Quilon. On receiving intimation from the District Hospital, Quilon P.W.21 Sub Inspector of Pooyappally reached the hospital and recorded the first information statement (Ext. P1) from P.W.1 and crime was registered as 146 of 1988. Ext. P1(a) is the first information report.

(3.) Knowing that A1 was admitted in the same hospital P.W.21 recorded the statement of Al and registered Crime No. 147 of 1988 under S.326. That was referred later. P. W.22 Circle Inspector undertook the investigation. He prepared inquest report Ext. P21 and scene mahazar Ext. P22. P.W.11 doctor conducted autopsy and issued Ext. P3 post mortem certificate. P.W.15 Dr.Devarajan examined P.W.1, P.W.2 and P.W. 3 and issued Exts.P6, P8 and P7 wound certificates respectively.