ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants were convicted for the offences punishable under S.324, S.323 and S.302 read with S.34 of the Indian Penal Code. Prosecution case is summarised by the Sessions Judge correctly. It is as follows:

(2.) PW 1 deposed exactly in terms of the prosecution case as summarized the by the Sessions Judge. PW 2 is the daughter of the deceased. She was also injured in the incident. She also deposed in terms of the prosecution case. PW 1 deposed that she is hailing from Marthandam and during the relevant time she and her family were residing at Jose Cottage at Ambalapadi at Alathiyur near Tirur. She had been working as a teacher in K. H. M. H. S. High School at Alathiyur and her husband Francis had been working as Headmaster of A. M. L. P. School at Pulluni. Their schools are within walking distance of their house. PWs 1 and 2 deposed that the incident involved in this case took place on the road lying in front of the building belonging to Kunhimu, wife of Farook Haji, situated at Ambalapadi at 9.45 a.m. on 26/06/2001. Deceased Francis along with PWs 1 and 2 were proceeding to their schools from their house and when Francis proceeded to the way to his school, they saw the accused persons who were their neighbours, standing on the road. Deceased Francis continued moving in the direction of his school pushing his bicycle. The accused persons went after deceased Francis. So PWs 1 and 2 moved on towards Francis. The accused persons asked Francis to stop there. So PWs 1 and 2 moved speedily towards the accused persons and they reached in front of the accused persons. PW 1 has deposed that both the accused persons restrained her and the first accused beat her on the back of the chest with the hand, and then she felt pain. PW 2 has deposed that the first accused slapped the neck of PW 1 and the second accused kicked the buttocks of PW 1. So, according to PW 1, she felt pain and she fell down. PWs 1 and 2 have again deposed that the first accused took out a knife from his waist and he stabbed Francis in the chest and left hand, above the elbow. When PW 2 tried to prevent the first accused from stabbing her father, the first accused stabbed PW 2 in her chest with the knife. The first accused again stabbed Francis in the chest with the same weapon. The first accused and Francis struggled for taking the possession of the knife. In that scuffle, Francis sustained injury to his hand. The second accused took possession of the knife and stabbed Francis. As Francis turned aside the said blow with the knife was landed on the first accused and the first accused sustained stab injury. Francis collapsed in the place of occurrence. At that time, the second accused drew out a cycle chain from his waist and he delivered blows on Francis with the cycle chain. Thereafter, both the accused persons went away from the place of occurrence in an autorickshaw. Francis and PW 2 were taken by PW 1, PW 5 and others to the Government Hospital, Tirur, in a jeep. PW 1 further deposed that on arrival at the hospital, Francis was examined by the doctor and pronounced him dead. PW 2 deposed that she was admitted at Government hospital, Tirur and discharged from there on 27/06/2001. Thereafter she came to the native place at Marthandam and she was admitted in the Government Hospital, Parassala. PW 2 was only aged 12 at the time of the incident. PWs 1 and 2 identified MO 1 knife and MO 2 cycle chain used by the accused persons 1 and 2 respectively. MO 24 is the sheath of MO 1. MOs 3 to 15, 17 to 20 belonged to deceased Francis. MOs 16 and 23 belonged to PW 2. They have also identified MOs 21 and 22 as those of the shirts worn by the accused persons. MOs 3 to 15 are the items, namely, cycle, bag, spectacles case, spectacles, the packet (containing 5 one rupee coins and 1 fifty paise coin), 3 ball pens, diary, umbrella, tiffin box and chappals, all belonged to deceased Francis, which were taken into custody from the place of occurrence as per Ext. P8. MO 16 is the umbrella of PW 2 which was also taken into custody as per Ext. P8. MO 17 gold ring, MO 18 gold chain, MO 19 wrist watch and MO 20 shirt worn by deceased Francis, were taken into custody as per Ext. P7 inquest report. MO 21 shirt and MO 22 shirt which were produced by the second accused, were taken into custody as per Ext. P13. MO 23 Churithar top produced by PW 1 was taken into custody as per Ext. P14. MO 24 sheath of MO 1 and MOs 25 and 26 chappals of PW 1 were taken into custody from the place of occurrence as per Ext. P8. MO 27 pants, MO 28 towel, MO 29 torn underwear and MO 30 belt worn by the deceased Francis, were taken into custody as per Ext. P7. MOs 31 and 32 chappals, MO 33 blood stained soil contained in a packet and MO 34 filter paper soaked in the blood, were also taken into custody as per Ext. P8.

(3.) PW 3 is the doctor who examined the accused, deceased, PW 1 and PW 2 when they were brought to the Government Hospital, Tirur. Ext. P2 is the wound certificate in respect of PW 2. It shows that on 26/06/2001 at 10 a.m., he examined PW 2 aged 12 and issued Ext. P2 wound certificate noting the following injury: