ABOOBACKER Vs. STATE

JUDGEMENT

(1.) Kundathil Aboobacker, the accused in Sessions Case No. 5 of 1986 before the Sessions Judge, Kalpetta was convicted under S.302 IPC and awarded the capital punishment. The reference is for confirmation of the death sentence.

(2.) Kuruman, a tribal, his mother Vellachi, sister Kembi and sister's two children were killed on 7-1-1982 at about 7.30 P.M. The appellant was tried on the charge of murder. He was also charged under S.3 read with S.25(1)(a) of the Indian Arms Act.

(3.) The appellant Aboobaker aged 36 was living near the tribal colony at Vellimadukunnu along with his two wives and thirteen children. Kuruman, a labourer lived close by. He used to work for the appellant. The prosecution alleged that of late the appellant was infuriated by the refusal of Kuruman to work for the appellant. On the date of the occurrence at about 7.30 P. M. Kuruman was going towards his house along the foot path. The appellant armed with an unlicensed gun and a dagger dashed against him from behind, first administered a blow using the gun which was then broken and thereafter inflicted stabs using the dagger. Vellachi and Kembi attracted by the outcry of Kuruman rushed out of the house and while advancing towards Kuruman were attacked by the appellant with the same weapon. Kembi was holding the baby and her 3 year old daughter Lakshmi accompanied her. These children were also injured. All except the children died on the spot. The injured children though rushed to the hospital, later succumbed to the injuries. The appellant moved away from the place when neighbours came. He was overpowered and restrained by his brother and others and later handed over to the police. PW 4 Ibrahim, a neighbour of the appellant had witnessed the whole occurrence.