RAJAN @ RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was tried along with two others for the offences punishable under Sections 302 and 323 read with Section 34 of the Indian Penal Code. The court below found the appellant guilty under Section 302 and convicted and sentenced him to undergo imprisonment for life. Accused No.2, the wife of the appellant was acquitted of the charge levelled against her, while accused No.3 who was allegedly their neighbour was found guilty under Section 323 IPC and convicted and sentenced thereunder to suffer simple imprisonment for six months. Appellant impugns the order of conviction and sentence passed against him under Section 302 IPC in this appeal.

(2.) Briefly put, the prosecution case was that the three accused had assaulted Cw. 1 Peter and deceased Nandini at about 3 PM on May 16, 2002 in the lane in front of their house situated at Thrikkanamangal Muri within the limits of Kottarakkara Police Station, because of their previous animosity. According to the prosecution, appellant/ accused and his wife Sali (accused No.2) had some grouse against Cw. 1 (Peter) and deceased Nandini who had been spreading rumours in the locality that the mother of the appellant had been leading an immoral life, with the imputation that strangers had been visiting her house. Some time in the morning on the day of the incident, appellant and his wife had allegedly gone to the residence of the deceased and picked up a quarrel in connection with this at about 2.45 PM. CW.1 and deceased Nandini were sitting in their house with Pw.1 (Rakesh). At that time, appellant and his wife Sali (accused No.2) went there along with accused No.3 and asked them how did it matter to them if some people came to their residence. Going by the version given by Cw.1 in Ext.P9 First Information Statement, the three accused started to abuse them. When they got fed up of this they decided to go to the residence of their neighbour Raj an. They got out of their house and came to the lane leading to the house of Raj an. At that time the appellant and accused No.2 came towards them running. The appellant carried a rubber tapping knife (M.O.I) and his wife Sali was having a bamboo stick in her hand. Appellant stabbed at the chest of CW.1 which was warded off by him with his left hand. Accused No.2 hit on his right hand with the bamboo stick twice. Cw.1 sustained an injury on the left ribs and it started bleeding. By that time deceased Nandini caught hold of the appellant beseeching him not to kill Cw.1. At that time accused No.3 kicked at the abdomen of deceased Nandini. She fell down. Immediately the appellant stabbed at the left side of the chest of deceased Nandini with the tapping knife. She could only utter "my mother". Appellant told Cw.1 to take away Nandini and bury her and went away from the scene with the knife. The other two accused also left the scene dropping the bomboo stick there. According to Cw.1 he and deceased Nandini were taken to the hospital by his son Rakesh and others who reached the scene. On reaching the hospital, the Doctor declared Nandini dead after examining her. Cw.1 was advised to be admitted in the hospital. The Addl. Sub Inspector of Police attached to Kottarakkara Police Station recorded Ext.P9 statement of Cw.1 at the hospital. Ext.P9 (a) body note was also recorded. Thereafter Ext.P10 FIR was registered by the said officer. Pw. 10 Circle Inspector of Police took over the investigation on the next day and recovered M.O.1 tapping knife and M.O.2 bamboo stick. Accused Nos. 1 and 3 were arrested on May 19, 2002 while accused No.2 was arrested on May 18, 2002. The Investigating Officer completed the investigation and laid the charge sheet before the Court.

(3.) The prosecution examined Pws.1 to 11 and marked Exts.P1 to P13 and M.O.1 to M.O.11. There was no oral or documentary evidence on the side of the defence.