VASUDEVAN VISWAMBHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is by accused 1 and 2 in Sessions Case No. 97 of 1988 of the Sessions Court, Kollam. Three accused persons were charged u / Ss. 341, 323, l14, 324 and 302 read with S.34, IPC. Learned Second Additional Sessions Judge, Kollam found lst accused guilty of the offences punishable u/ Ss. 302 and 307, IPC., convicted and sentenced him to undergo imprisonment for life u/ S. 302, IPC and to undergo rigorous imprisonment for four years and to pay a fine of Rs. 500 / -, in default of payment of fine to undergo simple imprisonment for two months u/ S. 307, IPC. The second accused was found guilty of the offence punishable under S.302 read with S. 34, IPC, convicted and sentenced him to undergo imprisonment for life. The 3rd accused was found not guilty and was acquitted. Aggrieved by the said conviction and sentences, accused 1 and 2 have filed this appeal.

(2.) Prosecution case can be summarised as follows : Vijayan, brother of P.W. 7, was a passenger in K.S.R.T.C. Bus No. 793 on 28-3-1988 which was plying between Chaliyakkara and Punalur. When the bus reached Vilakkuvettom Junction situated in Valacode Village at about 5 p.m. and stopped at the bus stop, accused 1 and 2 entered the bus, the first accused sat on the right side of Vijayan who was then sitting on a seat meant for two. Seeing the first accused, Vijayan attempted to get out of the bus; but the 2nd accused pushed him down to the seat forcibly saying that he (Vijayan) need not go and that they were on the look our for him (Vijayan) immediately the first accused whipped out M.O. 1 and planted a stab on the left side of the chest of Vijayan; Vijayan pressed the wound and bend forward. At that time the first accused again inflicted a stab on his back. The third accused; father of the first accused who was outside the bus then dealt 2 - 3 blows on the head of Vijayan from outside. Then accused 1 and 2 rushed out of the bus. P.W. 4 who is the younger sister of the grandmother of Vijayan, while on her way to purchase fish on hearing the commotion from the bus came near it and when accused 1 and 2 came out of the bus, the third accused exhorted them to finish her also whereupon the first accused inflicted a stab injury on her stomach, she ran and accused 1 to 3 followed her.

(3.) The injured Vijayan was held by P.Ws. 1 to 3 who too were passengers in the bus. Vijayan was taken in the same bus to the Taluk Headquarters Hospital, Punalur where on examination he was pronounced dead. P.W. 1 went to the Punalur Police Station situated nearby and tendered Ext. P1 F.I. statement before P.W. 14, Assistant Sub Inspector of Police. He registered Crime 74 of 1988 on the basis of Ext. P1 F.I. statement u/Ss. 341, 323, 114, 324 and 302 read with S. 34, IPC. Then on getting information that some injured persons were brought to the hospital, P.W. 14 went there and recorded the statement of the 3rd accused, on the basis of which he registered Crime 76 of 1988 under Ss. 447 and 324, IPC against PW-7, brother of Vijayan (deceased). Investigation was taken over by P.W.15, Circle Inspector of Police. He held Ext. P8 inquest on the dead body of Vijayan under which he seized M.Os. 4 to 8. He prepared Ext. P9 mahazar concerning the bus and seized M.O. 2 series and M.O. 3 series. He also prepared Ext. P10 scene mahazar. Post mortem was conducted by P.W. 8 who issued. Ext. P2 post mortem certificate. Accused 1 and 3 were arrested on 4-4-1988 when they were discharged from the hospital. On the basis of the information received from the first accused to the effect that he has concealed M.O. 1 in an unused well near his house P.W. 15 proceeded to the said place and effected recovery of M. O. 1 under Ext. P.12. The second accused was arrested on 12-4-1988. P.W.15 questioned the witnesses including P. W. 1, completed the investigation and P.W. 16 laid the charge before court.