SEETHAMANIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Deceased Raveendran and P. W. 2 Maniyan are brothers and they were staying in a single house but with separate hearth. The place is in the suburb of Trivandrum city within the jurisdiction of Fort Police Station. On the previous day of the incident appellant Seethamaniyan had a confrontation with the wife of PW. 2 and he slapped on her face. On the next day, i.e., on4.8.91 at about 9.30 p. m. when deceased Reveendran and his brother Maniyan were standing on the road near the residence, appellant Seethamaniyan came from the Southern side and on seeing him deceased Raveendran asked why he had beaten the wife of P. W. 2. P. W. 2 also asked him as to why he acted in that manner as if he had no mother or sister. According to the prosecution, appellant Seethamaniyan took out a knife and stabbed Raveendran on his chest. Raveendran fell on the ground with face downwards and the appellant then stabbed P.W. 2 and ran away from the place. P. W. 2 on sustaining injury ran to his house and fell in front of his wife and P. W. 3 who were standing near his residence. P. W. 2 was immediately taken to Medical College Hospital.

(2.) P. W. 1 - Gopakumar is an I. P. S. Officer residing in that locality. Appellant - Seethamaniyan went to the house of P. W. 1 and cried out for help. P. W. 1 came out of the house and saw the appellant with blood stains on his face and shirt worn by him. P. W. 1 asked him what had happened. Then appellant told that one Ravi and Maniyan had beaten him he inturn stabbed and that Ravi was lying there and Maniyan had run away. Thus staying, the appellant took out a folding knife and unfolded the same and grave it to P. W. 1. P. W. 1 asked the appellant to place it on the floor. The knife was fully stained with blood. P. W. 1 kept the knife in a polythene cover and then telephoned to the control room. One Kochumanian came there and told P. W. 1 that Ravi was lying injured at the scene of occurrence and people are afraid and nobody was willing to take him to the hospital. P. W. 1 summoned one of his neighbours and asked him to be on guard of the appellant and proceeded to the place of occurrence and when he reached the public road he saw a mobile jeep. He boarded the same and reached the place of occurrence. When he reached there, there was another mobile jeep and Raveendran was taken to Medical College Hospital, Thrissur.

(3.) On the same day, P. W. 8 - The S. I. of Police, recorded Ext. PI F. I. statement of P. W. 1 and P. W. 1 handed over the knife to P. W. 8 and he seized the same under Ext. P2 mahazar. A case was registered against the appellant. P. W. 9 held inquest over the dead body of deceased Raveendran and he prepared a scene mahazar. P. W. 10 laid the final charge sheet.