KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal by both the accused persons is against their conviction and sentence under S.324 and 302 read with S.34 I. P. C. by the court below.

(2.) The prosecution case is that the accused who are brothers caused the death of one Pappachan at about 6.30 P. M. on 6-6-1982 at a lane leading from Valakkodu to Kothapara church in Idukki District. Deceased Pappachan was running a tea shop about one kilo metre away from the place of incident. Both the accused, had credit accounts in Pappachan's tea shop. Pappachan had on 30-12-1981 demanded clearance of the arrears by the accused in the presence of several other customers. The accused left the tea shop in an angry mood, against the conduct of Pappachan in making the public demand to clear the arrears due from them. The accused had not thereafter gone to the tea shop. On the day of the incident, deceased Pappachan had gone to a toddy shop of one Kunjan Damodaran at about 5.30 P.M. Pappachan had taken a bottle of toddy. The accused also went to the toddy shop and while they were consuming toddy Pappachan. asked them why they have not cleared the arrears due to him. The accused left the toddy shop after taking toddy. Pappachan also left the toddy shop. At about 6 or 5.10 P. M. on the same day PW 3 Chellappan saw the accused near the scene of occurrence. He overheard the conversation between them that Pappachan for his conduct should be done away with. Apprehending danger he wanted to inform PW 3 the son of Pappachan. He met PW 2 on the way and requested him to inform PW 3 about the intentions of the accused which he happened to over hear. PW 2 ran to the residence of PW 3 who was taking rest at the rear veranda portion of the house. PW 2 went to the front veranda and called out PW 3. PW 3 went to the front veranda and saw PW 2 in an agitated mood. PW 2 gave the information to PW 3 that he had gathered from PW 3 about the intentions of the accused to do away with Pappachan. PW 3 and 2 proceeded towards the scene of occurrence. PW 2, however, hid himself in a near by tea plantation and PW 3 proceeded towards the place where the accused were standing. As he approached, he saw the first accused stabbing Pappachan on the left portion of his stomach. Seeing PW 3 the first accused asked the second accused to deal with him. The second accused also had a knife in his hand. He inflicted a stab injury on PW 3 on his left thumb. He gave another stab on PW 3 on his right hand. PW 3 caught hold of the second accused and the knife. His palm was also injured in that process. By this time the first accused inflicted two more stab injuries on Pappachan and both the accused ran away from there. PW 2 who was hiding in the near by tea plantation had seen the entire incident. Immediately, after the accused ran away, he came to the scene of occurrence. PW 3 directed PW 2 to go to Valakodu and get a jeep. Another person was sent to bring a cot. The cot was brought in which Pappachan was taken to Valakodu junction. From there, Pappachan as well as PW 3 were taken to the Government Hospital, Upputhara. They reached the hospital at about 9.45 P. M. The Doctor on duty Thresyamma Joseph examined Pappachan and PW 3. She declared Pappachan dead. Ext. P-12 is the wound certificate relating to PW 3 issued by Dr. Thresyamma Joseph. Doctor Thresyamma Joseph gave Ext. P9 letter of intimation to PW 34 the Sub Inspector of Police, Idukki Police Station. Ext. P9 was taken as the First Information Statement PW 34 registered a crime and forwarded Ext. P-10 First Information Report to the Magistrate.

(3.) PW 36 the Circle Inspector of Police took over the investigation. He reached the hospital at about 2-15 P. M. on 7-6-1982 and conducted the inquest on the dead body of Pappachan. Ext. P4 is the inquest report. Ext. P4 shows that the Investigating Officer wanted to fake the statement of PW 3. But PW 3 was not in a position to give a statement. PW 36 reached the scene of incident at about 5.15 PM. and prepared Ext. P5 scene mahazar. PW I5 Dr. V.T. Michael conducted post mortem examination on the dead body of Pappachan. Ext. P11 is the post mortem certificate issued by him. The accused were arrested on 7-7-1982. On information furnished by them MOs. 1 and 2 knives were recovered as per mahazars Exts.P6 and P7. Ext. P8 is the plan of the scene of incident prepared by the Village Officer. Ext. P-14 report of the Chemical Analysts shows that the knives MOs. 1 and 2 had stains of human blood. MO3 bath towel, MO4 a pair of chappals. MO5 a piece of Indian Express Newspaper, MO7 blood stained earth and MO6 blood stained beaten . rice were recovered from the scene of occurrence and the recovery is recorded in the scene mahazar Ext. P5. MO.8 lunki and MO.9 drawer worn by the deceased and MO-10 a ten rupees currency note were recovered at the time of inquest and the recovery is recorded in the inquest report Ext. P4.