MADHUSOODANA GOWDA Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused 1 to 3 who had been convicted by the Court of Sessions. Tellicherry under S.325 IPC read with S.34 IPC and sentenced to undergo simple imprisonment for 4 years each are the appellants.

(2.) The prosecution case, in brief, is as follows Appellants are brothers. The first appellant was aged 20, the 2nd appellant was aged 18 and the 3rd appellant was aged 16. On 17-1-1983 Oosappa Gowda now deceased went to Sullia for crushing coconut kernel along with PW 1. They entrusted the same in oil mill. Since they could not get the oil on that day they went to Kammadi market and purchased 1 quintal of rice and took the same in a jeep and came to the shop of PW 2. From there the rice was divided into 3 and bundled the same. PW 1 took one bundle of rice, the other bundles were kept in the shop of PW 2. Then Oosappa Gowda proceeded to his house along with PW 1. They had to go through a hilly area to reach the house of Oosappa Gowda. At about 5.30 they reached near the house of the accused. PW 1 was going ahead. After reaching some distance PW 1 waited for Oosappa Gowda. When PW 1 reached near the house of the accused, he waited for Oosappa Gowda. Then he saw the accused standing on the side of the road. A1 and A3 had sticks and the second accused was armed with chopper. At that time Oosappa Gowda was about 100 metres behind PW 1. When Oosappa Gowda reached 30 metres behind PW 1. PW 1 again proceeded towards the house of Oosappa Gowda. After some time PW 1 heard a cry. Thereupon PW 1 looked back and saw the accused beating Oosappa Gowda. PW 1 rushed to the house of Oosappa Gowda and informed his wife PW 3 who came along with his daughter PW 4 to the scene; of occurrence PW 1 also followed them and when they reached the scene of occurrence they found Oosappa Gowda lying on the side of the road with injuries on different parts of the body below the waist. Oosappa Gowda was not in a position to move. PW 1 went back and informed PW 2 about the incident. PW 2 telephoned and fetched a car and came, to the scene of occurrence in the car along with one Venkita Ramana. PWs 2 and 3 took the injured to the Government Hospital at Sullia. PW 8 the doctor attached to the hospital examined and found Oosappa Gowda dead. PW 1 went to the house of the deceased. On the next morning he went to Rajapuram police station and lodged Ext. P1 statement which was recorded by PW 10, the Sub Inspector of Police. On the basis of the F I statement FIR was prepared and crime was registered. PW 10 went to the hospital and conducted the inquest over the body of Oosappa Gowda. Ext. P12 is the inquest report. Autopsy was conducted over the dead body of Oosappa Gowda by PW 8 and Ext. P13 is the post mortem certificate. PW 10 the Sub Inspector went to the scene of occurrence and prepared Ext. P2 scene mahazar. PW 9 prepared Ext. P14 plan. PW 10 arrested the accused on 24-1-1983. PW 12 took up the investigation and after completing the investigation charge was laid before the court of Judicial Magistrate of the Second Class, who committed the accused to stand trial before the court of sessions, Tellicherry.

(3.) On the accused pleading not guilty, the prosecution examined PWs 1 to 13 marked Exts. P1 to P21 and also material objects 1 to 12. In their statements under S.313 in the Code of Criminal Procedure, the accused generally denied the incriminating circumstances appearing against them. On behalf of the defence, case diary contradiction of PW 1, Ext. D1 was marked,