RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 and 2 in S.C.No.74 of 2017 on the files of the Court of the Additional Sessions Judge-II, North Paravur, are the appellants in the appeal. Among them, accused 1, 3 and 4 in the case are the son, wife and daughter of the second accused respectively. Accused 3 and 4 were acquitted and accused 1 and 2 were convicted for the offences punishable under Ss. 302, 323 and 325 read with Sec. 34 of the Indian Penal Code (IPC).

(2.) The second accused and his brother, Mohanan were residing in houses close to their family house. Their brother Ravindran was residing in the family house. The second accused and his brother, Mohanan were performing a customary ritual in connection with the festival of a nearby temple as their hereditary right. There was a verbal altercation between Mohanan and the second accused on 6/3/2010 in connection with the performance of the said customary ritual. A few minutes past midnight on 6/3/2010, when Ravindran came out of the family house to lock his bicycle, he noticed that Mohanan was lying inert in the courtyard of the house of the former. Ravindran immediately informed the matter to the wife of Mohanan and they together took Mohanan to the Government Hospital, North Paravur. On the following day, Mohanan was taken to the General Hospital, Ernakulam for scanning and he was brought back home on the same day itself. At about 5.45 a.m. on 8/3/2010, Mohanan developed inability to pass urine and when the said fact was brought to the notice of Ravindran, he along with the wife of Mohanan again took Mohanan to the Government Hospital, North Paravur and by the time they reached the said hospital, Mohanan passed away.

(3.) On the basis of the information furnished by Ravindran, a case was registered by North Paravur Police on 8/3/2010 under Sec. 174 of the Code of Criminal Procedure (the Code). The investigation in the case revealed that the death of Mohanan is a homicide and that it was the accused who caused the death of Mohanan. Accordingly, the final report was filed in the case against the accused under Ss. 323, 324, 325 and 304 read with Sec. 34 IPC. The accusation against the accused in the final report is that there was a verbal altercation between Mohanan and the second accused at about 7.00 p.m on 6/3/2010 in connection with ritual performed by them during the temple festival; that at about 8.45 p.m. on the same day, the accused went together to the house of Mohanan, hurled abusive words at him and provoked him to come out of the house by banging on the doors and windows of his house; that when Mohanan came out of the house, they beat him with wooden rods and when he fell down, the first accused squeezed his testicles and thereupon, the accused beat Mohanan and stamped him on his abdomen and Mohanan succumbed to the injuries caused by the accused.