KRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant Krishnan Nair has been convicted by the learned Sessions Judge of Ernakulam for the murder of Narayanan Nair alias Kuttappan Nair and his younger brother Gopalakrishnan Nair alias Balan Nair on the evening of 29-2-64 and he has been sentenced to rigorous imprisonment for life for the murder of Narayanan Nair and to suffer death for the murder of Balan Nair.

(2.) The scene of occurrence in this case is in front of a grocery shop in Memuri village in Moovattupuzha taluk. The grocery shop was originally conducted by P.W. 11 Pachu Nair, a relation of the accused. Sometime before the occurrence the business was taken over by the accused. The shop building had a charthu (lean to) and it is stated that this was abutting into the adjoining compound belonging to deceased Narayanan Nair. Deceased Narayanan Nair had permitted Pachu Nair to put up this shed and every year the thatching was said to have been done with his permission. When Pachu Nair was running the business, deceased Narayanan Nair had kept some cement bags inside the shop room. When the accused took over the business he asked Narayanan Nair to remove the cement bags and finally on one occasion he threatened Narayanan Nair that in case the cement bags were not removed, he would be forced to the necessity of throwing them on the road. Deceased Narayanan Nair then told him that if he would not permit the cement bags to be kept there he would not allow the accused to use the charthu. This led to unpleasantness between them.

(3.) While so on 29-2-64 deceased came to know that the accused was attempting to thatch the charthu. So he went to the place and objected to the shed being thatched. Accused said that he would thatch the shed. Narayanan Nair then retorted by saying that he would demolish it. Deceased then asked Damodaran Nair to thatch. Saying that he cannot do it, deceased gave a blow to the accused. Then the accused caught hold of Narayanan Nair and pressing his neck under his left arm pit whipped out his dagger and stabbed him on his back. On receipt of the stab, Narayanan Nair fell down on the road. The accused again inflicted one more stab, but missing the aim it fell on Damodaran Nair's left elbow. Injured Narayanan Nair then attempted to rise when the accused again inflicted further stabs on his abdomen. He fell down again and in that lying posture the accused dealt one more stab which hit him on the lower part of his right thigh. Seeing this Narayanan Nair's younger brother deceased Balan Nair came running to the place and caught hold of the accused from behind to prevent him from inflicting further injuries. He tried to wrest the knife from the hand of the accused and sustained injuries on his hand. He then let go his hold of the accused and the accused dealt a violent stab on his abdomen. The accused then made good his escape with the weapon in his hand. Narayanan Nair died on the spot. P.W. 3 who had witnessed the last stages of the attack came and seeing the condition of Balan Nair, went to fetch a car. Before he returned the injured was removed to the Pambakkada dispensary. First aid was rendered and he was sent to the General Hospital, Ernakulam. On the same day at about 8-30 p. m. P. W. 3 laid the first information report before P.W. 26 the Head Constable who was then in charge of Moovattupuzha police station. A case was registered. The dying declaration of Balan Nair was recorded by P.W. 29 the Additional First Class Magistrate, Ernakulam.