KUNJAYYAPPAKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants (accused 1, 2 and 4) along with A-3 stood charged under S.302 read with S.34 of the Indian Penal Code for having caused the death of Balan on 26-8-1988 at about 8.30 p.m. Learned Additional Sessions Judge found A-3 not guilty and acquitted him. A-1, A-2 and A-4 were found guilty under S.302 read with S.34 of the Indian Penal Code and they were convicted and sentenced to undergo imprisonment for life.

(2.) Prosecution case in brief is as follows: On 26-8-1988 some time prior to 8-30 p.m. Balan (deceased) uttered abusive words under the influence of liquor in front of the house of Cheerakuzhi Govindan. Inmates of the house protested against the action of Balan and one Shaji persuaded Balan to go away from there. Shaji and Balan walked together from there and when they reached in front of the house of A-1 Balan uttered obscene words against A-l. A-l retorted in the same manner. While the verbal altercation was going on A-2 to A-4 who are the sons of the brother of A-l came out and approached Balan. A-l went inside his house and immediately came back near Balan. A-1 and A-2 were having choppers with them. A-4 having a pestle with him. A-3 pushed down Balan. A-4 gave a blow with the pestle on the head of Balan. A-l and A-2 inflicted several injuries on the body of Balan. Balan died at the spot.

(3.) It was P.W.1 who lodged Ext. P1 First Information Statement before P.W.18 Sub Inspector. P.W.19, Circle Inspector investigated the case. He prepared inquest report Ext. P6. P.W.17, doctor conducted autopsy and issued Ext. P13 post mortem certificate. P. W. 19 during the course of investigation recovered M.Os. 2 and 3 choppers at the instance of A-2 and A-l respectively. One of the pieces of pestle (M.O.1) was found from the scene. Other pieces (M.O.1 (a) and (b) were recovered as per A-4's statement. Ext. P14 is the mahazar where in it is stated that all pieces put together form the pestle. After completing the investigation P.W.19 laid the charge before the Court.