STATE OF KERALA Vs. K.V. SREENIVASAN

JUDGEMENT

(1.) Aggrieved by the acquittal in S.C. No. 152/2007 before the Additional Sessions Court, Thalassery on the ground that the accused was seized of mental illness at the time of commission of act and therefore he is entitled to the benefit of Sec. 84 of Indian Penal Code, the State has come up in appeal.

(2.) The incident took place on 10.04.2006 at 10.30 a.m. The deceased is one Purushothaman who is closely related to the accused. In fact accused is the son of sister of wife of deceased. The prosecution allegation is that the accused was holding some property and he wanted to sell a portion thereof. He was unable to do so and he was under the impression that it was due to the mischievous act of the deceased. On the date of incident, when PW1 was on his way to a shop, he found the deceased and accused engaged in exchange of words on the road. Soon thereafter he had occasion to see the accused taking out a chopper from his plastic bag and then he suddenly began to inflict injuries on the deceased. Taken by surprise, PWs 1 and 2 rushed to the place and tried to prevent the accused from further attack. The accused then turned towards Suresh Babu, PW2. In the process, PW2 was also injured. Later on the accused placed the chopper in the plastic bag he carried with him and went away from the place of incident. Few persons who had gathered there at the place of occurrence removed Purushothaman, the deceased, and PW2 Suresh Babu to Tellicherry Indira Gandhi Hospital. On reaching there, the doctor examined Purushothaman and pronounced him dead. PW2, the injured, underwent treatment in the same hospital.

(3.) PW1, who had accompanied the injured and deceased to the hospital, went to the Police Station and laid Ext. P1 First Information Statement. That was recorded by PW16 who registered crime as per Ext. P1(a) First Information Report. PW17 took over investigation. Coming to know that the accused had been restrained by the people, he reached the place and arrested him. The mahazar he prepared at the place of occurrence is Ext. P9 and M.O.1 is the weapon seized by him. He then proceeded to the Thalassery Government Hospital and conducted inquest over the body of Purushothaman and prepared Ext. P2 report. He returned to the place of occurrence and prepared Ext. P3 scene mahazar. He seized certain articles found at the place of occurrence as per the scene mahazar. In the meanwhile, the body was sent for autopsy. PW14 conducted autopsy over the body of deceased and furnished Ext. P13 certificate. It so happened that not satisfied with causing injuries on the deceased, accused is said to have rushed to the house of Purushothaman and caused damages to the household articles. The information regarding that act led PW17 to the house of Purushothaman and he prepared Ext. P10 mahazar. He recorded statement of witnesses and he had Ext. P16 report filed incorporating Sec. 326 IPC. He seized the clothes found on the body of deceased so also the clothes worn by PW2 at the time of incident. He had all the articles seized produced before court. Finding that offence under Ss. 427 and 452 IPC had also been committed by the accused, he filed Ext. P17 report to incorporate the same.