KUNHUNNI ALIAS CHAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in Sessions Case No.91 of 1991 on the file of Sessions Court, Palakkad is the appellant. He was tried by the Court of Sessions for having caused the death of his brother Unniyekkan. The finding of the Sessions Judge is challenged in this appeal.

(2.) Appellant - Kunhunni Chami and his deceased brother Unniyekkan are residing in nearby compounds. Their mother Kunhi had availed a loan from the government for construction of a house. On the date of the incident, the deceased Unniyekkan heard a sound from the appellant's house and he knew that the appellant had been beating his wife. Deceased went to the house of the appellant probably to pacify the situation. According to prosecution, deceased had given two or three blows to the appellant with a stick. The deceased came to his residence and was sitting on the compound wall. According to the prosecution, the appellant came to that place and took out a spade and gave a fatal blow on the back of the head of the deceased. Deceased fell on the ground. P.W.2, wife of deceased made a cry and the people in the locality came there and somebody informed P.W.8 doctor. He came and examined the injured and found him to be dead.

(3.) P. W. 1 who is residing about 100 meters away from the place of incident came to the scene on hearing the hue and cry and saw the deceased lying injured on the ground. After about half an hour he went to Mannarkkad Police Station and gave Ext. P1 F.I. statement. P.W.12, the Sub Inspector of Police immediately visited the scene and arrested the accused at about 2.45 a.m. on the next day and he was sent for medical examination as the appellant had injuries on his body.