MAHESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in this case was prosecuted for the offences punishable under Sections 302 and 324 read with Section 34 of Indian Penal Code. Initially there were two accused. Among whom, second accused, who is the brother of first accused, being a juvenile, was deleted from the party array. Therefore, the first accused alone stood trial. He was found guilty of the offence under Section 302 read with Section 34 IPC and was therefore convicted and sentenced to suffer rigorous imprisonment for life for the said offence.

(2.) The prosecution story runs thus: The incident occurred on 21.05.2001 at about 10.30 a.m. The father of PWs 1 and 2, the deceased, according to prosecution case, questioned the act of the accused hurling abuses at another person to which objection was taken by the deceased and that resulted in wordy altercation between the deceased and the accused. By that time, the deceased moved towards the house of the accused and had reached the pathway in between. The prosecution allegation is that the brother of the first accused, who was initially shown as second accused, hurled a stone at the deceased which caused the fall of the deceased. No sooner than the deceased got up, accused rushed towards him and inflicted two stab wounds; one on the right and other on the left side of his chest. The deceased fell down and became unconscious. As per the prosecution version, seeing the incident, PWs 1 and 2 rushed towards the aid of their father and they were also attacked by the accused causing injuries to them. PW2 suffered an injury on the middle finger of his right hand and PW1 received injuries on his buttocks. Seeing the incident, when people gathered at the spot, deceased ran away from the place with the weapon. One Sivasankaran and Bhuvanachandran, who were neighbours of the deceased, took the deceased and PWs 1 and 2 in a car to the Medical College Hospital. On reaching the Medical College Hospital, the doctor pronounced the father of PWs 1 and 2 namely, Madhu dead. PW1 then went to the Police Station and laid Ext.P1 First Information Statement. That was recorded by PW10 who registered a crime as per Ext.P1(a) First Information Report.

(3.) PW13 took over investigation. He proceeded to the place where the body of Madhu was retained and conducted inquest over the same and prepared Ext.P7 inquest report. He seized M.O.s 2 to 5 found on the body of the deceased. Thereafter he had the body sent for autopsy. PW11, the Forensic Surgeon, conducted autopsy over the body of deceased and furnished Ext.P9 report. She also proved Ext.P10 chemical analysis report of the sample taken by her. In the meanwhile, PW13 went to the scene of occurrence and prepared Ext.P8 scene mahazar. He recovered the various articles ranging from M.O.6 series and other articles found at the place of incident. He had the first accused arrested on 26.05.2001 from the house of one relative of the first accused namely, Karunakaran and according to him, on questioning the accused, as per Ext.P4(a) confession statement, the weapon used to commit the offence was recovered as per Ext.P4 mahazar. PW13 filed a report before court namely, Ext.P14 showing the complete details of the accused. He had the articles seized during investigation sent for chemical examination and obtained Ext.P17 report.