VIKRAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) On the night of 27-2-1981 the now deceased Unni sustained stab injury at the hands of the appellant and died subsequently on the way to hospital. The appellant was tried on a charge under S.302, I.P.C. On the basis of the evidence adduced and overruling the plea of right to private defence set up by the appellant, Sessions Court convicted and sentenced him to undergo imprisonment for life. This is now challenged in the appeal.

(2.) P.Ws. 3, 1 and 2 are sisters of the appellant. Till about a year prior to the occurrence, appellant was living in the house in Adimali, left by his father. He sold the same and then started residing with his sisters in the house in which the occurrence subsequently took place. Now deceased Unni was the younger brother of appellant's mother. He also was living in this house. There is no dispute that Unni and P.W. 1 were living as man and wife. It appears, Unni and P.W. 1 wanted to construct a house for themselves in the two acre plot in which they were residing. This is a plot lying in a slope, the lowest portion abutting a road. They wanted to put up the house at the lowest portion abutting the road. Appellant was not happy about it and wanted them to construct the house in the upper region of the land and away from the road. The house in which the occurrence took place has one room and a verandah. All the inmates of the house sleep in the room. On the night of 27-2-1981 all the inmates of the house except appellant took food and went to bed. Appellant came at about 11 p.m. and called his youngest sister, P.W. 2. She lighted a lamp and served food to him. After taking food, appellant went to the verandah. Thereafter, he talked to P.W. 2 and Unni. He told Unni that the house should not be built near the road. Unni did not like this and asserted that he will build the house near the road. According to the prosecution, thereupon, appellant whipped out M.O. 1 dagger and inflicted a stab injury on the abdomen of Unni, at a time when Unni was lying down beside P. W. 1 on a mat in the room near the door. Appellant aimed a second stab but that was foiled because P. W. 1 pushed him away to the verandah. Meanwhile, P.W. 1 was crying out. P.Ws. 2 and 3 woke up. They called the neighbours including P.W. 5. Local Panchayat member, P.W. 4 also was fetched. The injury was bandaged and Unni was taken in a jeep to the Government Hospital, Painav. Medical Officer, P.W. 11 gave him first aid, prepared wound certificate and recorded Ext. P-12 dying declaration and referred him to the Medical College Hospital, Kottayam, On the way to the Medical College Hospital, Unni died and his body was taken to Government Hospital, Kattappana.

(3.) At 9.30 a.m. on 28-2-1981, P.W. 1 went to the Kattappana Police Station and gave Ext. P-1 statement on the basis of which Head Constable of Police, P.W. 14 registered a case against the appellant under Ext. P.14 F.I.R. He held inquest over the dead body in the presence of P.W. 8 and seized the clothes found on the body, M. Os. 2 to 4. Post-mortem was conducted by P.W. 10. On 1-3-1981 at 6 a.m., appellant surrendered before P.W. 13, Additional S.I. of Police, Idukki with M.O. 1 knife. C.I. of Police P.W. 15, who went to the station seized M. O. 1 under Ext. P8 mahazar attested by P.W. 9 and arrested the appellant. P.W. 1 also had some injuries and had been sent to the Government Hospital, Kattappana where she was examined by P.W. 10. After completing investigation, P. W.15 laid the charge.