AJAYA CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Trivial issues, at times, would result in extreme violence. This appeal depicts one of such instances.

(2.) One Vikraman and his son Jaimon suffered serious injuries in an occurrence that took place at about 6.45 p.m. on 16/4/2014 on the side of a public road close to a culvert near their house. Although they were taken to the Taluk Hospital, Haripad, Vikraman succumbed to the injuries on the way. Jaimon was taken from the said hospital for expert management to the Medical College Hospital, Alappuzha and he survived. At 1.00 a.m. on the following day, Jaimon gave a statement to the Station House Officer, Kareelakulangara about the occurrence, and a case was accordingly registered. The investigation in the case revealed that it was the appellant in the case who caused the death of Vikraman and inflicted injuries on Jaimon. Ajaya Chandran who was residing in the close neighbourhood of the house of the deceased, is the appellant. The second accused is the father of Ajaya Chandran and the third accused is a relative of the first and second accused. Final report was accordingly filed in the case alleging commission of offences punishable under Ss. 114, 115, 341, 307, 323, 302, 294(b) and 506(i) read with Sec. 34 IPC.

(3.) The indictment against the accused in the final report is that the deceased failed to return hundred rupees borrowed from the second accused; that there occurred a quarrel and a consequent fight at the venue of a temple festival between the accused, Jaimon and the deceased on 4/4/2014 over the said issue and the accused consequently nourished enmity towards the deceased and his son Jaimon. It was alleged that on account of the said reason, at the instigation of the second accused and with a view to commit murder of the deceased, the appellant caused Jaimon to come near the culvert near their houses and when Jaimon reached there, the appellant fisted on the forehead of Jaimon and when the deceased who came to that place in the meanwhile interfered in the altercation, the appellant fisted the deceased as well. It was further alleged that Jaimon then attempted to save the deceased by brandishing his helmet and the third accused who came to the scene in the meanwhile snatched the helmet from Jaimon and caught hold of him by his neck and wrongfully restrained him. It was further alleged that the appellant then took out the knife carried by him in his waist and stabbed on the left thigh of Jaimon first and then on his left shoulder. It was further alleged that by the time, the second accused caught hold of the deceased and the appellant then stabbed the deceased on his abdomen. It was further alleged that when the deceased fell on the road on account of the stab injury, the second accused sat on his chest and fisted on his forehead. It was further alleged that Jaimon then rushed towards the deceased and at that time, the appellant stabbed Jaimon repeatedly on different parts of his body. It was further alleged that the appellant then pushed aside the second accused, sat on the body of the deceased in his place and stabbed on the chest of the deceased and he died on account of that injury.