GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A long standing civil dispute culminated in violance and resulted in the death of two persons. A woman who had lost her husband in an earlier episode, when her children have grown up, made a triumphant came back and vanquished her enemies by killing two of them, one at the prime of his youth and the other in early sixties.

(2.) Varkey, father of Thressiamma owned 2.55 acres of property. Varkey died intestate and the property devolved on P. W. 1 - Mariamma, P. W. 3 - Thresiamma, and their two sisters. P. W. 3 Thresiamma sold her share of property to the 4th accused Chellamma in 1974. According to PWs 1 and 3, the extent of property sold to the 4th accused was only 45 cents whereas the 4th accused maintained that it was 63.5 cents. The dispute regarding the extent of property sold to fourth accused - Chellamma was the reason for discord between the family of 4th accused and P. W. 1 Mariamma. In 1975, Raman the husband of 4th accused was allegedly murdered by Kunhilo alias Ulahannan, the husband of PW 1. Ulahannan was tried by the Court of Sessions but he was acquitted of the murder charge. The family feud continued and there were series of civil litigations.

(3.) P.W.22, the Sub Inspector got information of the incident and he rushed to the place and made arrangements to take the injured to the nearby hospital. He asked a constable to guard the scene. Jose and Ulahannan were dead by the time they were brought to nearby Adimali Govt. Hospital and injured P.W. 1 was removed to a nearby private hospital. P. W. 22 recorded the F. I. Statement from P. W. 1 and F. I. R. was registered at 12.30 a.m. on 14.6.90. On 14.6.90, he went to Taluk Head-quarters hospital and conducted inquest of the dead body of Jose and Ulahannan. At about 3.30 p.m. on the same day, he visited the scene of occurrence and prepared the scene mahazar. Some articles were also seized from the place of occurrence. On 15.6.90, the investigation of the case was taken over by P. W. 23, the Circle Inspector. He questioned the various witnesses and recorded their statement. On 18.6.90, accused 1, 2, 5 and 6 were arrested and based on an alleged statement given by 5th accused, knives alleged to have been used in the commission of crime were recovered. Thereafter, P.W.23 completed the investigation and charge sheeted the accused.