A K GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an appeal preferred by the accused in Sessions case No. 15 of 1982 on the file of the Court of Session, Tellicherry. The appellant has been found guilty of the offence punishable under S. 302 of the indian Penal Code and was sentenced to undergo imprisonment for life. We heard the counsel for the appellant as well as the Public Prosecutor.

(2.) THE incident took place at about mid night on 11-7-1981 inside a toddy shop bearing door No 234 in ward No. IV of Chavasseri Amsom, Uliyil Desom, in Cannanore district. This toddy shop was being conducted by PW 1 Valsan Deceased Kakkandi raman was a helper in the toddy shop and started drinking toddy. Some time later the appellant came there and joined the company of PW 2. THE appellant owed some amount to PW 2. At about 11. 00 p m. there was a wordy quarrel between the appellant and PW 2 regarding the non payment of this amount. PW 2 dealt a blow on the face of the appellant. THE appellant then took out a knife and placed it on the desk and warned PW 2 that he would make use of the same, if he was irritated further. PWs 1 and 3 interfered in the matter and pacified both of them. It was getting late in the night and PWs 1 and 3 requested them to leave the toddy shop. THEy did not accede to their request. Deceased Raman had gone to his house for taking bath. He returned to the toddy shop at about 12. 00 O'cloc k in the night. Seeing the appellant and PW 2 still sitting in the toddy shop, he asked them to go out so that he might close the shop. THE toddy shop had two rooms and the northern room was being used for residential purposes and the sale was conducted in the southern room. When the deceased asked the appellant and PW 2 to go out of the room PWs 1 and 3 were standing outside and talking. Deceased Raman called PW 3. Appellant asked the deceased why he was calling PW 3. Deceased replied that PW 3 was his own man. THEn PWs 1 and 3 heard something falling on the southern cadjan screen. THEy suddenly came to the southern room and saw the deceased falling to a mat. Deceased carried out (Mano I was cheated ). THEy saw an injury on the chest of the deceased. He was profusely bleeding. Appellant and PW 2 were seen running away from the scene of occurrence. THEy rushed, to PWs 4 and 5. PW 4 is the brother of deceased Raman. PWs 4 and 5 came to the toddy shop. THEy found that deceased Raman had already breathed his last. While they were talking about the incident, they saw the appellant coming back to the shop. On seeing PW 4 Anandan, appellant took to his heels. PWs 1 and 3 to 5 chased him. As the appellant reached about 100 metres away from the scene of occurrence, he hit on a stone and fell down. THEy caught hold of him and wrested the knife from him. THEy tied him with the dhothi he was wearing. THE appellant was produced before the police.

(3.) THE fact that deceased Kakkandi Raman died on the mid night of 11-7-1981 in the toddy shop of PW 1 is not disputed. THE dead body of deceased was removed to the Government Hospital, Mattannur where it was examined by PW 9. One external ante mortem injury was found on the body. THE injury was on the left side of the chest, 9 c. m. below the collar bone and it directed downwards and medially. THE wound was about 7 cm. long and 2. 5 cm. broad. On further probing it was found that the left lung was partially collapsed. THEre was a 5 cm. long incised wound on the medial aspect of the left lobe of the lung. PW 9 deposed that the injury found on the body of the deceased Raman was sufficient in the ordinary course of nature to cause death. THE cause of death was haemorrhage due to injury to the heart and lung.