VARGHESE Vs. THE STATE OF KERALA

JUDGEMENT

(1.) These two criminal appeals arise out of the judgment of the tamed Sessions Judge of Alleppey convicting the appellants of the offence of murder under S.302 read with S.34 I.P.C. and sentencing each of them to undergo rigorous imprisonment for life. Criminal Appeal 313/65 is by the first accused and Criminal Appeal 314/65 is by the second accused.

(2.) The appellants Anthappan Varghese and Varghese Elikutty are husband and wife and they live in a house in Mannamcherry Muri near about Alleppey. The prosecution case is that they were running a brothel. Pw. 7 Chinnamma, and Pw. 8 Rosamma were two girls kept in the house for the purpose. Since about two or three months prior to the occurrence Pw. 8 is said to have been living in the house of the second accused's mother Anna in a house close by. In the accused's house they had their daughter Pw. 9 and Pw. 7. Deceased Sadasivan was a habitual visitor to the house, but a few months before the occurrence on one night when he went to the house he is alleged to have picked up a quarrel with Pw.8 and beaten her. Seeing this the second accused went and remonstrated, when Sadasivan is alleged to have caught hold of the tuft of her hair. The first accused came up and they exchanged blows and Sadasivan left the house. Pw. 8 would have it that when he left the place the second accused complained to her husband that the "trouble from Sadasivan is increasing and that if he should come there again they should finish him. Pw. 8 has further stated that the next day the first accused brought M. Os. 2 and 6, two iron rods and kept them in the house. Soon after this the first accused went to Pw. 1, a relation of the deceased and told him about Sadasivan's conduct and wanted him to advise Sadasivan not to go and create trouble in their house and threatened that if he goes there again he would not be left alone. Pw. 1 advised the deceased not to visit the place again and it is alleged that for some time the deceased was not visiting the house.

(3.) While so, on 22-6-65 at about 10.30 p. m. deceased Sadasivan came to the house in the company of Pws. 2 and 6. At that time the two accused and Pw. 7 were sitting in the courtyard, probably waiting for custom. They had a lighted hurricane lamp placed in the courtyard. Pws. 2 and 6 stood a little away in the courtyard and Sadasivan came up and sat near Pw. 7. He said something to the first accused and caught the hand of Pw. 7 and forced her to sit near him. Pw. 7 objected and when she tried to get up Sadasivan beat her on her back and she ran to the north crying. The second accused also got up and went inside the house. Sadasivan followed her. When the first accused saw this he followed him saying 'Did I not ask you not to come to the house again'. Apprehending trouble Pw. 2 also went inside the house. He then saw the first accused attempting to beat Sadasivan with an iron rod and caught hold of the iron rod and prevented the blow falling on him. In the meanwhile the second accused escaped from the room. After she left Sadasivan also left the room. Seeing this the first accused released his hold on M. O.5, got out and gave chase to Sadasivan who was running to the northern side of the compound. When they reached near the tank on the north - eastern corner of the property the first accused beat Sadasivan from behind on the back of his head with the iron rod M. O.2. On getting the blow the deceased tried to sit down, but the first accused beat him again on his head. On receipt of this blow he jumped to the neighbouring purayidem and fell down. The first accused followed him and when Sadasivan tried to get up the first accused beat him on his head with M. O.2. In the meanwhile the second accused also went up to the place with M. O.6 iron rod and the evidence is that both of them beat Sadasivan several times. Dropping the weapons there they dragged Sadasivan to their courtyard and left him there. The first accused then went back to Velimpurayidom the place where from deceased was dragged and took M. O.2. When he returned to the courtyard he found Sadasivan trying to get up by raising his head. The first accused then beat him again saying 'have you not still died'. In the meanwhile the second accused also came up and beat him.