KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, Krishnan, aged 32, has preferred this appeal against the judgment by the AddI. Sessions Judge, Kottayam in Sessions Case No. 45 of 1977. The appellant has been found guilty of the offence punishable under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) When this appeal was taken up for hearing on an earlier occasion, it was brought to the notice of this Court that the appellant was insane. The hearing of the appeal was adjourned. However, on the basis of latest report from prison, satisfied that the appellant is capable of making his defence, we have heard the appeal. Shri A.S.P. Kurup was appointed by this court to appear on behalf of the appellant.

(3.) The incident, according to the prosecution, happened on 11.5.1977 at 8 p.m. in front of the shop of P.W. 1. This shop is situated by the side of Ettumanoor-Ayarkunnam Road. P.Ws. 1 to 3, C.W.S. and the deceased were engaged in conversation near the shop of P.W. 1. The appellant Krishnan came there and started talking to P.W. 2. Then P.W. 2 said that he did not want to talk to him, since he knew that the appellant said something bad about one Chackochi. All of them including the deceased laughed this comment of P.W. 2. The appellant did not relish the deceased making fun of him. There ensued an altercation between the appellant and the deceased. P.W. 1 and others pacified both of them. The appellant again started uttering abusive words. Then both of them grappled with each other and fell on the ground. The appellant stood up and took a Malappuram knife from behind his body and repeatedly stabbed the deceased on the abdomen, chest and below the nipple. The appellant left the place with the dagger. The deceased moved towards the western side and fell down. He stood up and ran towards north. The deceased had a shop about 8 metres away from the shop of P.W. 1. The deceased fell in front of the shop. One Madhu was sent to fetch a car. A taxi car was brought from Ettumanoor and the deceased was taken to the Medical College Hospital, Kottayam. On the way to the hospital, the deceased succumbed to his injuries.