ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in SC No.575/2016 on the file of the IIIrd Additional Sessions Court, Kollam (for short, ' the trial court' ), who was convicted for fratricide, is the appellant before us.

(2.) The appellant, Anil Kumar, and the deceased, Sunil Kumar, were brothers. They were residing along with their parents, PW2 Kumaran and PW5 Retnamma, at the house viz. Pochayil Vadakkathil Veedu, Karunagapally, belonging to PW2. It is a small, thatched house consisting of two bedrooms and a hall, as evident from Ext.P8 scene plan and Ext.P9 mahazar. The alleged incident took place in the southern bedroom of the said house on 5/3/2016 at 5.30 p.m. Another son of PW2 and PW5 viz., Suresh (PW1) was residing along with his daughter PW3, Nisha and son Nithin in the house situated adjacent to the house where the incident took place.

(3.) The appellant and the deceased were working as tree climbers. The prosecution version is that in the morning hours on the date of the incident, the deceased, Sunil Kumar, took away a rope belonging to the appellant, Anil Kumar, which he used for his work and kept at the house without his permission. When the deceased came back to the house at 4.30 p.m., the appellant asked him for the rent of the rope. Then, an exchange of words and altercation occurred between them. Shortly thereafter, by about 5.30 p.m., Sunil Kumar went to the southern bedroom of the house to get oil. At that time, the appellant, Anil Kumar, who was sitting in the northern bedroom, rushed to the southern bedroom, pushed aside PW5, her mother who was standing there, caught hold of the neck of the deceased Sunil Kumar and stabbed his left chest with MO2 knife. He succumbed to the injuries at the hospital on the same night.