OUSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED/ appellant was charged under S. 302 I. P. C. for having caused the death of his younger brother Antony, aged 28, by stabbing him with butcher's knife MO-1 at about 10 PM on 24-4-1988 in the court yard of pw-4.

(2.) ANTONY (deceased) and his wife were residing along with his brother PW-6, sister PW-2 and her three children including PW-1 in their house. Accused was residing in another house in the same compound. On 24-4-1988 at about 10 P. M. ANTONY returned home after attending a committee meeting and took supper along with pw-2. ANTONY heard the accused showering abusive words against him. Thereupon ANTONY (deceased) wanted him (accused) not to abuse him. He (accused) did not stop, instead he pelted stones at him. When PW-2 came out, she was hit by stones pelted by the accused. Accused caught hold of the neck of ANTONY and attempted to strangulate him; that was followed by a scuffle. PW-2 intervened and cried for help from her elder brother Kunjappan. Kunjappan disengaged them and took the accused to his house. PW-1, the son of PW-2 was in the varandah. On finding the bleeding injury on the forehead of P W-2, ANTONY went for fetching autorickshaw to take PW-2 to the hospital. To avoid the accused who was found in his court yard, ANTONY went for an autorickshaw through the back yard of the house of PW-3. When he ( ANTONY ) reached the court yard of PW-4, the accused pelted stones at ANTONY, receiving which he fell. Immediately the accused reached him (ANTONY) and stabbed him several times with mo-1 butcher's knife. Seeing this PW-1 screamed. Then the accused threatened him (PW-1) also. Accused returned to his house and told his wife that he killed him (ANTONY)and that he-would take her to Laksham Veedu. Then both of them left. PW-1 rushed for fetching autorickshaw. On the way he saw PW-6, the younger brother of ANTONY returning home. He (PW-1) told him (PW-6) as to what happened. PW-6 then fetched an autorickshaw and ANTONY was taken in the Autorickshaw by PW-6 and others to the GovernmentHospital, kothamangalam. PW-15 gave first aid and advised him to be taken to the Medical College Hospital , Kottayam; whereupon he ( ANTONY ) was taken to the Medical College Hospital , Kottayam. Inthe meanwhile PW-15 sent Ext. P9 intimation, on receipt of which PW-13, Head constable came to the Government Hospital , Kothamangalam, but by then ANTONY was already taken to the Medical College Hospital, kottayam. So P W 13 proceeded to theMedical CollegeHospital, kottayam. Finding that, ANTONY was unconscious and not in a position to give a statement, he (PW-13) returned to the police station and registered Ext. P 10 F. I. R. under S. 324 IPC on the basis of Ext. P9 intimation. He proceeded to the scene and prepared Ext. P1 mahazar. He (PW-13) received Ext. P 11 intimation from the Government Hospital, kothamangalam to the effect that the accused has been admitted in the said hospital. Thereupon he (PW-13) proceeded to the Government Hospital, kothamangalam and recorded his (accused) statement. PW-15 issued Ext. P14 wound certificate concerning ANTONY and Ext. P15 wound certificate concerning the accused. While undergoing treatment in the Medical College Hospital, kottayam ANTONY expired on 1-5-1988. On receiving the intimation that ANTONY expired, S. 324 IPC was altered to S. 302 IPC and Ext. P13 report to that effect was submitted before court by PW-14, Sub Inspector of Police.

(3.) THE prosecution relies on the evidence of PWs. 1 to 4 and also the confession of the accused pursuant to which M. O. 1 was recovered under Ext. P2.