RADHAKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in Sessions Case No. 7 of 1984 Sessions court, Alleppey has filed the appeal challenging the judgment by which he has been convicted for the offence punishable under S. 302 I. P. C. and sentenced to undergo imprisonment for life.

(2.) THE prosecution case briefly stated is this: THE appellant-accused at about 6 p. m. on 28-7-1983 intentionally or knowingly inflicted stab injuries on one Krishna Kurup which resulted in his death. THE incident took place in the house of PW. 7, the maternal aunt of the accused. THE accused was arrested from the piece of the incident on the same day. THE accused denied the charges, the plea being that of insanity at the crucial time.

(3.) IT is clear from the evidence of P. Ws 3, 4 and 5 that they have witnessed the stabbing. Their evidence stands corroborated by the evidence of the doctor, P. W. 6 and the dying declaration proved by P. W. 1 who gave the first information to the police. P. W. 6 proved Ext. P2 postmortem certificate which contains the description of as many as eight injuries; of which injury no. 6, which indisputably had penetrated into the chest involving the blood vessels, according to the doctor, is sufficient in the ordinary course of nature, to cause death. This injury, the doctor has deposed, could be caused by m. O. 1.