THULASI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused who stands convicted in S.C.No.956 of 2001 of the first Additional Sessions Court, Thiruvananthapuram for offences punishable under section 304 IPC and Section 201 IPC have approached this Court challenging the conviction and sentence imposed by the trial court.

(2.) One Madhavan Pillai, the deceased, who was about 85 years old was residing with his wife. The allegation of the prosecution was that, the first accused who was his neighbour was allegedly engaged in the sale of illicit arrack. It was alleged by the first accused and his brother, the second respondent that Madhavan Pillai had committed theft of 35 packets of illicit arrack handled by the accused. On 09.01.2000 at about 11 a.m. while Madhavan Pillai was proceeding along the rubber estate, both the above accused intercepted him and wrongfully restrained him. They picked up a quarrel with him and assaulted him. Madhavan Pillai attempted to brandish a chopper which he normally used to carry. Both of them caught hold of him and pushed him down. The first accused hit him with a stone. The second accused hit on the various parts of the body whereupon the first accused kicked on his neck. Madhavan Pillai who was exhausted, managed to proceed to his house with difficulty. The second accused followed him, threw his chopper into the house of the victim and threatened him that he will be sent to the hospital within a week. Thereafter, he left the place. The victim was stated to be in a serious condition, unable to move or to talk. On the next day, since his condition worsened, he was rushed to the hospital by his wife, in a jeep. The first accused who came there also joined the wife in taking the victim to the hospital. It is further alleged that, on the way, the first accused forcefully administered toddy into the mouth of Madhavan Pillai. He was admitted in the hospital and since his condition had worsened, he was removed to the intensive care unit for expert management. He died on 11.01.2000 at 3.45 a.m. Ext.P1(a) FIS was laid by PW1, the son of Madhavan Pillai. Ext.P1 FIS was recorded by the concerned police officer. Investigation was conducted. Both the accused were arrested and after completion of investigation, final report was laid. They faced trial before the learned Sessions Judge for offences punishable under sections 449, 302, 201 and 34 IPC. On the side of the prosecution, PW1 to PW17 were examined and Exts.P1 to P14 were marked. There was no defence oral evidence but, Exts.D1 to D2 were marked. Mos.1 to 3 were identified. On an evaluation of the available materials, trial Judge found that materials placed before the prosecution did not indicate that either the accused had the intention to commit murder of Madhavan Pillai or that, they were not aware of the fact that injuries inflicted on him were sufficient in the ordinary course of nature to cause death. Consequently, the Court held that offence under section 302 IPC was not established. However, learned Sessions Judge proceeded to hold that evidence established that they have committed offence punishable under sections 304 and 201 IPC. They were convicted and sentenced to undergo rigorous imprisonment for 7 years for offence punishable under section 304 IPC and to pay fine of Rs.5,000/- and in default to undergo rigorous imprisonment for three months. For offence found under section 201 IPC, they were sentenced to undergo one year rigorous imprisonment. It was directed that both the sentences shall run concurrently.

(3.) Aggrieved by the above conviction and sentence, appellants approached this Court. Pending the proceedings, the second accused died and his Lrs have not come forward to get themselves impleaded. Hence the appeal of the second accused has become abated.