JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The hunter became the hunted in this case of murder. Shaju, the deceased, had a penchant for hunting. Shaju though a crop sprayer, was in possession of a country made unlicensed rifle which was serviceable.

(2.) On 16/06/05, the deceased along with PW7, after finishing their work in the plantation of PW6 decided to go hunting in the forest area of Wayanad. The deceased carried his rifle and necessary ammunition.

(3.) Late in the evening they spotted a shed right in the middle of an estate and found fire burning inside the kitchen. They entered and while they were spending time inside, they heard sounds outside. The accused Shaju, who was the watcher of the estate where the shed stood had just returned back to his shed, with his friend PW2 - Manoj Thomas, after concocting a heady brew of country made liquor. After the initial session during which the accused questioned the intruders, they got acquainted and decided to share the food and country made liquor. The accused had an eye on the country made rifle and he disclosed his intentions to PW2. He expressed his desire to appropriate the same, one way or the other.