SUGATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) 28.07.2007 turned out to be an inauspicious day for Vasudevan and his family. He was stabbed to death by the accused, according to prosecution allegation. PW 1 is the wife of deceased. They belonged to Kurava community. PW 1, as on the date of incident, was working in a cashew factory. Her husband, the deceased, was a Postman by profession.

(2.) According to prosecution allegation, there used to be frequent quarrels between Vasudevan and accused and it was a routine practice of accused to hurl abuses at Vasudevan and his family. According to prosecution allegations, unable to put up with the said act of accused, the husband of deceased preferred a complaint before Police. The respective parties were called to the Police Station and a settlement was arrived at. But that created a bitter attitude in the accused. On 28.07.2007, it is alleged that at about 5.30 p.m., while deceased Vasudevan, who is none other than the husband of PW 1, was returning home on his bicycle, when he reached in front of his house, the accused, who was his neighbour, came out of his house, intercepted the bicycle on which Vasudevan was coming along and after hurling abuses including his caste name, drew out a knife from his loins and inflicted repeated stab injuries on the deceased. Seeing the attack on the deceased, PW 1 and others rushed to the place. At that time, it is further alleged by the prosecution that accused Nos. 2 and 3 came rushing out of the house and pelted stones on the deceased throwing him down from his bicycle.

(3.) It is the further allegation that even after the deceased had fallen on the ground, accused continued to stab him. When PW 1 and others came to the rescue of the husband of PW 1, accused left the place. The injured was removed to Panthalam hospital. The doctor, after examining the victim, advised that the victim be taken to Medical College Hospital, Kottayam. It was so done. Thereafter, within three hours of the incident, PW 1 laid Ext. P1 First Information Statement before Nooranad Police Station. PW 21 recorded the statement furnished by PW 1 and registered crime as per Ext. P15 First Information Report. Finding that the offence punishable under the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act is also attracted to the facts of the case, as enjoined by the said law, the Deputy Superintendent of Police concerned started investigation of the crime. As per the instructions issued to him by the Dy.S.P. concerned, PW 21 went to the place of occurrence and collected the postal articles and currency notes found at the place as per Ext. P11 mahazar. He was convinced that it was while Vasudevan was carrying postal articles that the incident had taken place. He also made sure that a guard is posted to safeguard the scene. He would further say that as per the instructions given to him by the Dy. S.P., postal articles and money were handed over to CW 15 as per kychit which is marked as Ext. P4. He had the third accused arrested on 19.08.2007 at 6.45 p.m. and arrest memo and inspection memo are Exts. P16 and P16(a). On interrogation of the third accused, based on the confession statement said to have been given by him, weapon of offence was recovered as per Ext. P12 mahazar. The portion which led to the recovery is marked as Ext. P12(a).