KOCHAPPAN ALIAS THOMAYI Vs. STATE

JUDGEMENT

(1.) Accused 1 and 2, who have been convicted by the Sessions Judge at Trichur, have preferred this appeal. The 1st accused has been convicted under S.304 Part I, I. P. C. and sentenced to undergo rigorous imprisonment for 7 years and under S.307, I. P. C. and sentenced to undergo rigorous imprisonment for 3 years, the sentences ordered to run concurrently. The 2nd accused has been convicted under S.324, I.P.C., and sentenced to undergo rigorous imprisonment for 2 years. Accused 3, 4 and 5 have been acquitted.

(2.) On the 11th March 1958, at about 11 A. M., when Pw. 1 was passing along the road in front of the house of the 3rd accused, Veronica, the wife of the 1st accused, who was then chatting with Pw. 5, the mother of the 3rd accused, on the road side, happened to pass an insulting remark on Pw. 1 upon which he stopped and abused them downright. He then left the place, threatening that he would return in the evening. On the same day, at about 6 P. M. Pw. 1 and the deceased Kuttiappu came to the road in front of the 3rd accuseds house, and Pw. 1 called the 3rd accused to come out into the road. When he came Pw. 1 asked the 3rd accused not to employ impertinent servants in his household, upon which, an altercation ensued between them. Pw. 1 then beat on the face of the 3rd accused with his second cloth, whereupon the 3rd accused seizing it, entered into a struggle with Pw. 1. By this time, accused 1, 2, 4 and 5 who had been working for the 3rd accused that day, rushed to the scene, and accused 3, 4 and 5 caught hold of Pw. 1. Seeing this, Kuttiappu advanced towards the 3rd accused and seized his hands. The 1st accused then advanced towards Kuttiappu, but the latter pushed him away. The 1st accused then drew his knife and stabbed Kuttiappu on the left chest. The 1st accused then advanced towards Pw. 1 and stabbed him on the abdomen and on the back. The 2nd accused too stabbed Pw. 1, but the latter warded off the stabbing, injuring his hands in the process. The 2nd accused then came to Kuttiappu and stabbed him on the back. All the accused then departed from the scene. Information reached Pw. 14, the Sub-Inspector, at about 8 P. M. that night, that two men were lying on the road with injuries. He came to the scene, and conveyed Pw. 1 to the Hospital. Kuttiappu had died already. He recorded the first information, Ext. P1 from Pw. 1 at the hospital at about 9 P. M. Later in the night, the Magistrate who was summoned, recorded Ext. P2 a dying declaration from Pw. 1. The inquest over the Kuttiappus body, and its post mortem examination were conducted on the next day. On the 13th March 1958, accused 1, 2, 4 and 5 appeared before the Police Station and produced the knives, M. Os. 2 and 3. Three days later the 3rd accused also appeared at the police station. After investigation was completed, the charge sheet was laid on the 28th March 1958.

(3.) Accused 1, 2, 4 and 5 denied their presence at the occurrence. The 3rd accused pleaded, that Pw. 1 belaboured him and he fell on the ground, and that when Pw. 1 and Kuttiappu advanced towards him saying that they would kill him, he rose to his foot and ran home, and did not know what happened. The learned Sessions Judge found, that Kuttiappu died as a result of the injuries inflicted on the chest by the 1st accused, but gave the benefit of doubt to the 2nd accused, as to whether he inflicted the two injuries on Kuttiappu before or after his death. He also found, that the 1st accused was responsible for causing the abdominal injury on Pw. 1, but, as for the remaining four injuries sustained by him he came to the conclusion that they were caused by accused 1 and 2, without satisfying which of them caused particular injuries. He also came to the conclusion, that Pw. 1 and Kuttiappu were aggressors and accused 1 and 2 had the right of private defence, but that both of them had exceeded their right and therefore were liable to be convicted. The convictions were based on these findings.