CHELLAPPAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- for offences punishable under Section 302 of the Indian Penal Code. Since he was not able to engage a lawyer, his case in the Sessions Court was conducted by a lawyer arranged by the State. In this appeal filed from Jail also, this Court has appointed a State Brief for arguing his case.

(2.) According to the prosecution, due to the previous enmity the accused had with the deceased, the accused, at 0.45 hours on 12-3-2001 at a place called Thadam' at the northern side of the bridge of the canal at Perinjam, inflicted two cut injuries with a chopper on the back side of the head of the deceased Velappan Nair and thereafter the accused attempted to cause cut injury on the head which was warded off by the deceased Velappan Nair and consequently the said attack caused cut injuries on the left forefinger of Velappan Nair. The accused again inflicted cut injuries on the face of Velappan Nair just below the left eye and thereafter with the blunt edge of the said chopper, the accused inflicted a cut at the chest of Velappan Nair and pushed Velappan Nair with the hands of the accused. Consequently, Velappan Nair fell down and the accused again caused cut injuries at the neck of Velappan Nair and Velappan Nair succumbed to the injuries on the spot.

(3.) PW1 gave Ext.PI first information statement to the effect that the dead body of his elder brother was seen lying in a pool of blood with injuries in such a manner that a portion of the body was on the bund and the rest of the body was on the canal bridge at a place called Perinjamkadavu. PW1 is not an occurrence witness. He received information regarding the death of Velappan Nair on 12-3-2001 at 6-00 a.m. He reported the matter immediately. PW2 is stated to be an eye witness. According to him, he was going to his house, which is situated nearby, after seeing a temple festival by midnight. He also stated that when he reached 50 metres away from the canal bridge, he heard deceased Velappan Nair abusing the mother of the accused with bad words. Accused was sitting on the verandah of his house and on hearing the abusive word, the accused went near the bridge and caused injuries on Velappan Nair. He further stated that after the first two stab injuries on the back side of the head of Velappan Nair, Velappan Nair stood there touching the hand rail of the bridge. Then, cut injuries were again inflicted from the front. He fell down and again injuries were inflicted. PW2 identified the weapon used by the accused and narrated the manner in which injuries were inflicted. PW3, a neighbour, deposed that he heard the sound of Velappan Nair calling abusive words on the accused. Since it was in the night, he did not go out. He recognised those words of Velappan Nair by sound and he is very close with the deceased Velappan Nair. PW4 is conducting a tea shop at a nearby place. According to him, at about 5-45 a.m. the accused came to his shop and told him that someone called abusive words using his mother's name and he had finished that person. He also identified the dress worn by the accused. PW5 is a rubber tapper by profession. According to him, he had acquaintance with both the deceased and the accused. The accused came to his house for climbing the coconut tree on some day prior to the date of incident. At that time an old chopper was taken by the accused from his house. PW5 identified MO1 chopper and stated that MOI was the chopper taken by the accused from his house.