STATE OF KERALA Vs. RAGHAVAN

JUDGEMENT

(1.) This appeal by the State is directed against the judgment of the Sessions Judge of Quilon whereby the two accused Raghavan and his brother Paramu have been acquitted of the charge of murder of one Karunakaran of Kollante Vadakkethil House.

(2.) The prosecution case may be stated thus: Sarojini, the sister of the deceased Karunakaran, left her first husband and began to live with the first accused, Raghavan, in her house as man and wife against the wishes of Karunakaran and others. This disgraceful conduct of his sister, touched Karunakaran to the quick and he was cherishing a deep-rooted enmity against the first accused. Some six months before the incident in this case, Karunakaran stabbed the first accused, and the Adoor Police have charged a case as C. C. No. 189/57 against Karunakaran which was pending trial. The first accused's younger brother Paramu, aged 20, who had been away from the village for a long time, had returned and on 17th May 1958 at about 7-30 a. m. the two brothers way-laid and stabbed Karunakaran who was going to the market to sell arecanuts. The first accused Raghavan brought Karunakaran down to his knee and forcing him down with his left hand inflicted stab after stab on his back with a penknife. The injured Karunakaran raised his head to get up, and the second accused inflicted a stab on his forehead with a dagger. The news of the stabbing reached the elder brother of Karunakaran, PW 1, who rushed to the spot to find Karunakaran lying with bleeding injuries in the lane where the occurrence took place. Karunakaran died within 10 to 15 minutes after the incident. PWs 2 and 3, the eyewitnesses told PW 1 what they saw, and he lost no time in lodging the first information with the Adoor Police, who registered a murder case against the two brothers, completed the investigation headed by the Circle Inspector of Police, Pathanamthitta, and charge sheeted the two accused, who surrendered before the Police on 20th May 1958, under S.302 and 302 read with S.34 of the Indian Penal Code.

(3.) The plea of the accused both in the committal court as well as in the Sessions Court was one of complete denial. They stated that the witnesses were perjuring out of spite, and in the Sessions Court the second accused added that he was not even present at the place.