URMESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant stands convicted under S.304 part 2 of the I. P. C. The case for the prosecution was that, following a quarrel between his children and the son of the deceased, the latter abused the accuseds wife and on her reporting the same to the accused, he dealt one blow with his hand to the deceased, while he was returning from the market, and that the latter died a few hours later. Though the charge against the accused was one under S.302, the learned Judge found that the offence proved was only culpable homicide not amounting to murder. He was sentenced to rigorous imprisonment for two years.

(2.) The fact that deceased Kuttan died as a result of injuries sustained was not disputed. This is satisfactorily proved by the post mortem certificate Ext. P6, the inquest report, Ext. P. 8 and the evidence of Pw. 1, Pw. 6, Pw. 20 and Pw. 21. According to medical evidences, the cause of death was fracture of the vertebrae. The 1st and 2nd curvical vertebrae were broken and Kuttan died as a result of injury to vital organs, haemorrhage and coma.

(3.) Coming to the question as to who inflicted the injury on Kuttan, there is clear evidence that the accused beat him with his hand on his neck and that Kuttan fell down unconscious on receiving the blow. This fact is proved by the evidence of Pws. 2, 3 and 7. In fact, the accused did not deny that he gave a blow to the accused which caused him to fall down unconscious. The previous incidents such as the quarrel between the accuseds children and Pw. 11, the son of Kuttan, and the latter abusing the accuseds wife were also not denied. A suggestion was put forward by the defence that the injury which caused death might have been caused by Kuttan falling on the road. Pw. 6 deposed that the injury could have been caused in the manner stated by the prosecution and that it was more probable that it was due to the blow than to the fall. It may be mentioned that Kuttan had no external injuries suggesting that the injury could have been due to the fall. I accept the finding of the learned Sessions Judge that the fatal injuries were caused by the blow given by the accused.