MATHACHAN ALIAS JOSPEH MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant stands convicted under S.302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He was alleged to have stabbed to death one Join alias Thambi on 1.10.1989 at about 8.00 p.m. from near the Arrack shop of PW-3, whom he was alleged to have abused following his refusal to give arrack on credit that the deceased heard as he came there and tried to reason with him to send him away. The first information statement, Ext. P1 was given by PW-1, an eye witness, to PW-9, on the basis of which Crime No. 154 of 1989 of Rajapuram Police Station was registered. PW-10 investigated the case. He held inquest from the mortuary of the Government hospital, Kanhangad on 2.10.1989 and as per Ext. P7 report he recovered MO-12 to MO-16. As per Ext. P2 scene mahazar, Mos.1 to 11 were seized. Post mortem was conducted by PW-6, who issued Ext. P4 certificate. The deceased had (antemortem)

(2.) PWs. 1 to 10 were examined. Exts.P1 to P9 and MOs. 1 to 7 were marked. When questioned under S.313 of the Code of Criminal Procedure, he denied the incriminating circumstances and put forward a case of self defence and grave and sudden provocation offered by the deceased. No witness was examined in defence. Ext.D1 was marked.

(3.) We heard counsel for the appellant and the public prosecutor.