CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Referred Trial and the connected Criminal Appeal arise from the judgment of the learned Sessions Judge of Kottayam in Sessions Case No.55 of 1958 on his file convicting the accused therein,one Varkey Chacko,for an offence of murder and sentencing him to the extreme penalty of the law.Criminal Appeal No.253 of 1958 has been preferred by the accused against the said conviction and sentence and in Referred Trial No.18 of 1958 the learned Sessions Judge has submitted the proceedings to this Court for confirmation of the death sentence.

(2.) THE prosecution case against the accused was that in the evening of 14 - 3 -1958 he stabbed one Mathai Varkey,a neighbour of his with a malappurom knife and that as a result of the injuries so inflicted the victim died the next day at 10 -50 P.M.while he was an inpatient in the District Hospital,Kottayam.The accused and the decased belonged to Adivaram Kara,Poonjar South Pakuthy,Meenachil Taluk.P.W.3 is their common landlord.One Varampanattu Cherikal belonging to P.W.3 consisted of three distinct blocks.One of those blocks was let out to the accused and his father on a vechupakuthy lease and they were living there.Another block was in the direct possession of P.W.3 and the third was let out to the deceased and his brothers.They lived in this third block.The deceased and his brothers were directed to keep watch and ward over the block in the direct possession of P.W.3 and the deceased used to complain to P.W.3 that the accused frequently committed theft of cocoanuts,arecanuts and latex from that block.P.W:3 warned the accused against his action and though for some time there was no stealing the fact that the deceased had complained to P.W.3 about the accused's conduct made the latter's relations with the deceased and the members of this family very strained.He used to abuse them and even threatened violence.The accused used to pass along the courtyard of the house occupied by the deceased and his brothers and whenever he passed along that way he showered abuse on the deceased and the members of his family.The deceased again complained to P.W.3 about the accused's conduct and as directed by P.W.3 the deceased and his brother,P.W.1,closed that pathway and opened out another further away from their house.This incident also added to the ill feeling the accused was harbouring towards the deceased and the members of his family.He even used to throw stones at the house and repeated advice and warnings from P.W.3 proved to be of no avail.

(3.) THE jeep carrying the deceased to the Kottayam District Hospital reached there after 8 P.M.( 14 -3 -1958)and P.W.9 an Assistant Surgeon attached to that hospital rendered the victim first -aid.Ext.P.11 is the wound certificate P.W.9 issued with respect to the wounds he noticed on the person of the deceased.Finding the victim's condition rather precarious P.W.9 informed the Kottayam East Police Station about it during the night itself and in the early morning he informed the Sub -Divisional Magistrate,Kottayam that it was desirable to have the dying declaration of the victim taken.P.W.5,a Head -Constable,attached to the Kottayam East Police Station went to the hospital during the night itself,but he found the victim to be not in a condition to give any statement.He waited till the next morning and finding the victim still rather unconscious recorded a statement from P.W.1 about the occurrence.This was at 7 -30 A.M.and Ext.P.1 the statement so recorded formed the basis of the first information report in the case.Later when the Sub -Divisional Magistrate(P.W.7)arrived at the hospital he found the victim to be in a position to give a statement as to the cause of his injuries and accordingly he recorded Ext.P.10.This was between 7 -45 A.M.and 8 -30 A.M.P.W.8,the doctor then in charge has certified that the victim was at that time in a position to give a coherent statement about the occurrence.Later on in the day the victim got worse and he died at 10 -50 P.M.The inquest and the post mortem were held the next day,P.W.11,Sub -Inspector of Police was present when the inquest was conducted and he has attested the inquest report(Ext.P.17 ).It was a Head -Constable of the Kottayam East Police Station who held the inquest enquiry.P.W.9 conducted the autopsy and Ext.P.14 is the post mortem certificate.According to him the victim died as a result of the injuries he sustained on the previous day evening.