ASHOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl. Appeal No. 1137 of 2022 has been preferred by the appellant challenging the finding of guilt, conviction, and sentence passed by the Court of Additional Sessions Judge-VI, Thiruvananthapuram, in S.C.No. 447 of 2013. In the above case, the appellant was indicted for having committed offences punishable under Ss. 447, 323, 324, and 302 of the IPC. It appears that before the filing of the above appeal, a Jail Petition was filed by the appellant through the Superintendent, Central Prison and Correctional Home, Poojappura, Thiruvananthapuram, and on its basis Crl. Appeal. No. 807 of 2021 was filed by the legal aid counsel. As the appellant has filed Crl. Appeal No. 1137 of 2022 through the counsel of his choice, the said appeal can be heard and disposed of.

(2.) The appellant, along with his family consisting of his aged father, wife, and two daughters, resided at Karunilakkodu. The deceased, Soman, lived on the southern side of the appellant's house with his wife, Geetha (PW2), and their three daughters. The appellant's property is situated at a higher elevation, separated from Soman's by a short laterite wall running east to west. According to the prosecution, the appellant used to persistently misbehave with PW2 and her children, and this led to a seriously strained relationship between the families. The prosecution alleges that on May 14, 2006, at around 10 a.m., the accused, wearing only a bath towel (Thorth), committed criminal trespass by entering the courtyard of the deceased's house. An altercation ensued, during which Soman and his wife confronted the accused for trespassing and verbally abusing them. The accused followed Geetha and after slapping her on her face, kicked her, causing her to fall. When Soman intervened, a physical skirmish broke out between him and the accused. This incident was witnessed by Babu, Ani (PW11), and Kuttappan (PW10), who were working nearby in Thankamma's house. They intervened and separated the two men. The accused then returned to his house, changed into a lungi, tied a bath towel around his waist, and came back armed with a knife. Another tussle ensued between the accused and the deceased. Geetha (PW2) and their daughter Sini (PW3) tried to intervene and cried for help. Hearing their cries, Anandan (PW1), who was working nearby, rushed to the scene and attempted to break up the fight. It is alleged that the appellant then took out the knife and inflicted multiple stab wounds on Soman's chest and neck. Anandan also sustained minor injuries in the course of the transaction. As neighbors gathered hearing the commotion, the appellant is taken to have heels, carrying the knife with him. Though Soman was rushed to the Government Hospital, Varkala, he was declared dead on arrival. The appellant is alleged to have made an attempt to leave the place with his aged father. However, his attempt was foiled when the neighbours who had assembled there caught him when he fell down and tied him to a nearby coconut tree.

(3.) On the same day, Anandan approached the police and gave information at 12 noon, based on which, Crime No. 283/2006 was registered under Ss. 447, 323, 324 and 302 of the IPC.