KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Sessions Case No. 8/85 on the file of the lower court has filed this appeal against his conviction and sentence under section 302, I.P.C. He is sentenced by the Sessions Court to suffer imprisonment for life.

(2.) The prosecution case is that the accused at about 6.30 p.m. on 8.5. 1984 caused the death of Varkey on the Parappat-Padiman road in Mallappally Village, by stabbing him at his chest with a chisel (M.O. 2) and by cutting him with a chopper (M.O. 1). According to the prosecution there was previous enmity between the accused and deceased Varkey. The accused is a carpenter. He had come to the shop of P.W. 4 to payoff some amounts due from him to the son of P. W. 4. Since the son was not there, P.W. 4 asked the accused to wait. He was sitting on a stone in front of the shop. Deceased Varkey residing in a house dose to the shop of P.W. 4 saw the accused sitting on the stone. He came out with a chopper and started abusing the accused. P.Ws. 4 and 5 exhorted the accused to leave the place. The accused ran towards the north. Varkey followed him. With the chopper he inflicted a cut injury on the forehead of the accused. The second injury aimed at his neck was warded off by the left arm. The accused sustained a second cut injury on his left arm. Thereafter, according to the prosecution Varkey left the place. The accused took out a chisel from his waist and followed Varkey. Varkey jumped into an adjacent compound whereupon the accused threw a stone at him. Varkey fell down. The accused then inflicted two stab injuries on his chest with his chisel and wresting the chopper from the hands of Varkey inflicted a cut injury on his neck. Varkey died on the spot. The accused went to the Keezhvaipur Police Station and lodged an F.I.R. statement relating to the incident. Crime No. 69/84 was registered in the said police station. The accused was admitted in the Primary Health Centre, Mallappally.

(3.) P.W. 1 a neighbour, said to be an eye witnesses to the incident, went to the Keezhvaipur Police Station and gave Ex. PT F.I.R. statement. The Sub-Inspector (P. W. 14) recorded the F.I.R. statement and forwarded Ext. P1(a) F.I.R. to the Magistrates Court. P.W. 14 held an inquest on the dead body of Varkey at about 9.30 a.m. on 9.5.1984. Ext. P2 is the inquest report attested by P.W. 7. No separate scene mahazar was prepared in this case. P.W. 9, Medical Officer attached to the Primary Health Centre, Mallappally, conducted post-mortem examination on the dead body of Varkey. Ext. P4 is the post-mortem certificate. The accused who was admitted in the Primary Health Centre as an in-patient was treated there till 23.5.1984. He was arrested on that day and on his statement Ext. P3 (a), the chisel (M.O. 2) was recovered as per Ext. P3 mahazar attested by P.W. 8. Ext. P3 mahazar is prepared by P.W. 15, the Circle Inspector of Police, who was investigating the crime.