THOMAS VARKEY Vs. STATE OF KERALA

JUDGEMENT

(1.) Calumny at times assumes dangerous proportions which can even cost the life of a person, a story which unfolds in this case. Accused, Thomas Varkey @ Mundackal Monachan and the deceased, Sebastian @ Sybichan, were labourers engaged in the construction of the house of Manjulankal Mary (P. W. 6) along with several others. Housewarming ceremony of the house was conducted on 14/05/1997. Deceased Sybichan did not participate in the housewarming ceremony. On the afternoon of 18/05/1997 deceased met PW 6 and questioned her whether she had abused him for not attending the housewarming ceremony. PW 6 answered in the negative but enquired about the source of that tell tale story that she had abused the deceased. Disclosing that it was the accused who had informed him, he left the house of PW 6 telling her that he would get down the accused there.

(2.) The manual labourers of the locality, PWs 12, 13 and 15, had assembled in the house of PW 12, Rosamma for chatting. PW 13 is the next door neighbour of PW 12. While they were having their assembly in the residence of PW 12, the accused came over there with a bundle of firewood collected from the forest and he also joined in the discussion after keeping the bundle of firewood behind the house of PW 12. While so, deceased came over to the road in front of the house of PW 12 and forced the accused to go with him to the house of PW 6. The accused expressed reluctance and deferred it to the next day but the deceased was adamant and insisted again, but the accused again expressed his unwillingness. The deceased then got down into the residential compound of PW 12 which is below the road level by about 5 feet 6 inches and dragged the accused putting a cycle chain around his neck. There ensued a scuffle between the accused and the deceased. The accused succeeded in snatching away the cycle chain which was around his neck. The accused threw it away into the property of PW 12, PW 13 informed the incident to PW 5, father of the deceased. PW 5 and CPW 12, who are the parents of the deceased and PW 4, a friend of the deceased, who were in the tea shop of PW 5 came over and intervened and separated the accused and the deceased from the scuffle. PW 5, CPW 12 and PW 4 then proceeded back to the tea shop of PW 5. Upto this there is unanimity in the version of the prosecution and the defence.

(3.) The further case of the prosecution is that after having separated them from the scuffle, the deceased also proceeded towards the tea shop of PW 5 after picking up MO 2 broken handle of spade from the premises of the house of PW 12. While so, the accused taking MO 1 chopper from behind the house of PW 12 entered the road through the property in between the houses of PW 12 and PW 13 and called the deceased from behind. As the deceased had moved further towards north from that portion of the road the accused went after him and inflicted fatal cut injuries on his body despite the attempt of the deceased to ward off the chopper cuts using the handle of spade. The incident occurred at 2 p.m on 18/05/1997. PW 5 rushed to the spot. He along with others took the deceased to Adimali hospital. Later he was removed to the Medical College hospital, Kottayam for treatment and on the way Sybichan succumbed to the injuries at about 8 p. m on 18/05/1997.