VAZHAMBALAKKAL THOMACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant has been convicted by the Court of Session Kozmfcode, for an offence punishable tinder Section 802 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) THE incident was on the night of November, 23, 1975 sometime between 8 p. m. and 9 p. m. , at a place, on the northern corner of the property of one Thomas, within the limits of Kuttiadi Police Station. Thomas, the deceased in this case, aged SQ, was a farmer residing with his wife Rosa (P. W. 3) and son Jose (P. W. 2) in Maruthonltara in Badagara Taluk. Pocken (P. W. 1), Luis (P. W. 4), Kuttappan alias Chacko (P. W. 5) and the appellant "herein are said to he neighbours of the deceased residing in the same locality. Luis was running a provision shop at Mullankunnu Bazaar. On trie date of occurrence at a'bout 7. 30 p. m. , P. W. 4, P. W. 5, Thomas (the deceased,) and the appellant had been to a nearby arrack shop and all of them consumed arxack. All the four then together left the arrack; shop and were returning to their respective houses. On reaching near his "house, P. W. 4 parted their company and went to his house. P. W. 5, the deceased and the appellant proceeded further till they reached near the house of the appellant, when the appellant took leave of P. W. 5 and the deceased and went to his house. Thereafter P. W. 5 alone was in the company of the deceased. After covering some distance and when they reached near a lane proceeding in the direction of the house of P. "w. 5, P. W. 5 went to hig houae w%ile the deceased proceeded along the pathway northwards. P. "w. 1 with a lighted country torch in his hand was going m search of Ms son who did no1 return from the place of his work even after 8 p. m. On "blue way, foe saw the body of Thomas 'lying ma tfche foaiak. otf. and small carnal i (hodm teaowaa as Cfaeedi-thode) at about 9 p. m. on the same night After conveying Anferjnatiqffl of tms to the paternal. uoacte of the deceased, ip. W. i went to Kutftiadi Police Station asm tfee same might ;amd laid tike fast imtfornuatdan statement (ffix. PD), before P. W. 12, ffead Constable, who registered a case on that basis. Hk next day, the Sub-Inspector of Police (P. W. IS) visited the place of occurrence, held inquest over the dead body, prepared inquest report (Ex. P14) and uestioned witnesses. P. W. 6, doctor, Tutor in Forensic Medicine Medical College, Calicut, held autopsy over the dead body and issued the post-mortem certificate (Ex. P4 ). The appellant was arrested by P. W. 14, Detective Inspector (C. B. I. , C. I. D.) and on the basis of the information given by the appellant, P. W. 14 recovered M. O. I, purse with M. O. 7 (series) currency notes to the value of Rs. 1000/-wnder mahazar, Ex. P9, attested by P. W. 9 Raman Nair and P. W. 10, Village Assistant.

(3.) THE plea of the appellant was one of complete denial.