MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an appeal by the two accused who have been convicted by the Sessions Judge at Tellicherry.The case against them may be stated as follows: - - P.W.1,his wife P.W.3,his younger brother the deceased Joseph,and his sister P.W.5,were living in the house of their parents,P.Ws.4 and 6.Accused 1 and 2 are friends and associates.The first accused used to make fun of P.W.5,who was an unmarried girl.It would appear,that the first accused had told Joseph,that P.W.5 is a bad character,and this information had been communicated to P.W.1.On the day of the occurrence in this case,which was the 25th December,1958,at about 10 A.M .,P.W.1 was returning home after his bath in an adjoining river,when he met accused 1 and 2 on the public road.There ensued an altercation between P.W.1 on the one hand and accused 1 and 2 on the other.The prosecution and the defence are not agreed as to the details of this incident,but it was common ground,that there was an altercation,and that after a time the parties separated.That day being the Christmasday,the two accused had been to Anakuzhi,to spend the day at the house of the second accused's brother.They were returning home along a pathway which lay across the garden,in which the house of P.W.4 is situated.When they came near the house,they stopped and began abusing the women -folk of the house -hold,who were in the courtyard,being P.Ws.3,5 and 6.P.W.1 was then working in a ginger garden,about fifty feet to the south,and he came there and remonstrated with the accused.The deceased,who was then at the tea -shop,a little to the north,also came and remonstrated with the accused.

(2.) THE first accused then beat the deceased when P.W.1 held him.The second accused then stabbed P.W.1 on his back with a dagger,M.O.5.When P.W.1 released his hold on the first accused,the second accused stabbed him again,but he warded off the stab receiving it on his hands.The first accused then pelted P.W.1 with a stone on his left eyebrow,and when the deceased advanced and held the first accused,the second accused stabbed the deceased on the medial aspect of his right arm.The second accused then turned on P.W.1 who was trying to advance towards the deceased,and stabbed him on his shoulder and on his forearm.P.W.4 who had been away,came to the scene at about that time,and was stabbed by the second accused.P.Ws.3,4 and 5 then took part in the incident by pushing both the accused,and they retaliated.Then there followed mutual pelting of stones,in the course of which,the two accused sustained injuries.The second accused's mother then came there and took him home,the first accused following him.Both accused 1 and 2 spent the night in the second accused's house.Immediately after the occurrence,P.W.1,accompained by P.W.4,proceeded to Alakode outpost,where P.W.1 lodged the first information,Ext.P.1,at 7 -45 P.M.From there they were both sent to Taliparamba Government Dispensary,and on their way they collected the deceased in the jeep in which they were travelling.Before the deceased was examined by the medical officer,he had died.The case against the accused was registered and investigation commenced.

(3.) P .W.1 had sustained five incised wounds as evidenced by Ext.P.4,wound certificate,and he had been under treatment in the hospital for 24 days.These injuries were not severe.P.W.4 had two incised wounds and four abrasions as evidenced by Ext.P.5,wound certificate,and he was an in -patient for ten days in the hospital.On post mortem examination of the body of the deceased,it was noted,that there was an incised wound 3 "long and 11/2 "deep,about 21/2 "below the axillary fold on the medial aspect of the right arm.It cut the axillary vessels and in the opinion of the doctor,death must have taken place very soon afterwards,and the injury was a fatal one.