PUTHUPARAMBIL MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Sessions Case No. 28 of 1981, Sessions Court, Manjeri, is the appellant. He was convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) The case of the prosecution is that on 31.3.1980 the accused stabbed Ayamu with a dagger Puthuparambil Muhammed Vs. The State of Kerala IMPORTANT POINT Insanity per se is not a defence. (M.O. 1) below the right shoulder blade at about 3.30 p.m. as a result of which Ayamu died at 5.15 p.m. while he was at the Nilambur Government Hospital. Ayamu and P.W. 2 were walking along the Manankara Angadi Road. The accused was standing near a tree. The accused uttered certain very provocative and insulting words. P.W. 2 stopped and asked him whether those words were meant for him. The accused replied that they were meant for Ayamu. Ayamu then took two steps towards the accused. The accused took two steps backward. Ayamu turned back and be and P.W 2 proceeded towards the shop of P.W. 5. The accused followed Ayamu and stabbed him with the dagger below the right shoulder blade. Ayamu was taken to the Government Hospital where he died at 5.15 p.m. The First Information Statement, Ext. P2, was given by P.W. 2 to P.W. 17, the Sub-Inspector of Nilambur Police Station. Ext. P 12 is the F.I.R., The inquest was held by P.W. 19, who along with P.W. 20 conducted the investigation. The post-mortem certificate was issued by P.W. 8. It shows that the deceased sustained: An incised wound 4.5 cm. long and 2 cm. wide over the lower aspect of right scapular region 3 cm. away from the midline. The wound is directed downwards and forwards to a depth of 15 cm.

(3.) The accused was absconding till 18.3.1981. He was arrested by P.W. 20 on that day. P.W. 20 reported that the accused suffered from a mental disorder. The accused was examined by the doctor P.W. 13, who certified (Ext. P 9) that the accused suffered from schizophrenia. The trial of the case was accordingly adjourned and the accused was treated at the Mental Hospital, Calicut. Ext. P 1 dated 15.6.1981 is the certificate of fitness which was issued by P.W. 1, the doctor attached to the Hospital.