AHAMMED KABEER Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The above appeals arise from S.C.No.76 of 2014 on the files of the Additional Sessions Judge - II, Manjeri. There were three accused in the case and among them, the second accused died pending trial and the third accused was acquitted. The first accused who stands convicted and sentenced for the offences punishable under Ss. 307 and 302 of the Indian Penal Code (IPC) preferred Crl.A.No.658 of 2017 and one of the victims in the crime preferred Crl.A.(V) No.761 of 2017.

(2.) One Muhammed Ayyoob died and his brother Abdul Khader sustained injuries in an occurrence that took place in their family house at about 3.45 p.m. on 26/2/2011. The first accused is none other than the brother of the victims. The third accused is their mother. The second accused is the brother of the father of the victims and the first accused. Difference of opinion arose between the victims on one side and their parents on the other side when they were living together in the family house. Consequently, the victims left the family house and started living separately. When the victims left the family house and started living separately, their father executed a document in respect of all the properties held by him, including the family house in favour of his wife, the third accused. The victims thereupon instituted a suit before the Sub Court, Manjeri for cancellation of the document executed by their father. In the said suit, the third accused preferred an application seeking permission to carry out repairs in the family house. An Advocate Commissioner was appointed on the said application at the instance of the victims for inspecting the family house and to submit a report. Pursuant to the order passed by the court in this regard, the victims brought the Advocate Commissioner to the family house at about 3.00 p.m. on 26/2/2011. After completion of inspection in the ground floor of the house, the Advocate Commissioner proceeded to the first floor. A verbal altercation took place in the first floor of the house between the victims on one side and the accused on the other side, which in turn interrupted the inspection by the Advocate Commissioner. Consequently, the Advocate Commissioner left the house after informing the parties that he will report the matter to the court. The verbal altercation between the parties continued even thereafter and the same culminated in the occurrence. After the occurrence, Abdul Khader, the injured took Muhammed Ayyoob to the Medical College Hospital, Kozhikode and the latter succumbed to the injuries on the way to the hospital.

(3.) A case was registered by Vazhakkad Police based on the information furnished by the injured at 7.00 p.m. on the same day at the Medical College Hospital, Kozhikode and after investigation, a final report was filed against accused 1 to 3 alleging commission of offences punishable under Ss. 307, 302 and 109 read with Sec. 34 IPC. The accusation in the case as in the final report is that while the injured was climbing down the staircase from the first floor of the house, the second accused stabbed the injured from behind below his left shoulder and neck with a knife carried by him and when the injured fell down below the staircase, the first accused stabbed him on his chest and when the injured warded off the said stab, it fell on the palm of his right hand. It is also the accusation in the case that when the deceased attempted to prevent the first accused from stabbing the injured again, the first accused stabbed the deceased repeatedly with a knife, while the second accused was holding the hands of the deceased from behind.