PAILY Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Sessions Case No.10 of 1959 of the Parur Sessions Court is the appellant.He was convicted for the murder of one Kunhikoru and was sentenced to rigorous imprisonment for life.

(2.) THE facts of the case are simple.The accused,his brother,his brother's wife Thresia and her four children were living together.The deceased Kunhikoru was living in the southern portion of the same house.The accused began to suspect that his sister inlaw Thresia and Kunhikoru were on terms of illicit intimacy.He went about spreading the scandal and threatening to do away with Kunhikoru.He even made some indecent overtures to Thresia.Scadalised by this conduct of the accused,Thresia with her husband and children left the house and went to live with her father.Some two months after this,on 7 -5 -58 at about 3 'O clock in the afternoon,PW 1 Ouseph and the deceased were returning from the market where they had gone to sell arecanuts,when they saw the accused walking ahead of them along the public road in front of the Mozhikkulam Church.The accused was carrying a bundle of plantain leaves on his shoulder.When the accused saw them coming behind him he slowed down and as soon as the deceased passed him,he took out a chopper from the bundle of plantain leaves and cut him.PW 1 raised a hue and cry.The accused disregarding the entreaties of PW 1 went on striking and caused as many as 38 injuries on Kunhikoru.After inflicting the injuries,the accused ran northwards along the road and surrendered at the Parrakadavu Outpost.The injured Kunhikoru died while he was being taken to the Parur Government Hospital.PW 1 reached the Angamali Police Station by 5 -30 P.M.and gave Ext.P.1,the First Information Statement.The accused who had appeared at the Parakkadavu Outpost was arrested and M.O.1 chopper was seized from him.After due investigation,the charge sheet was laid before the Second Class Magistrate,Parur on 21 -5 -1958.

(3.) THERE is ample evidence to prove that Kunhikoru died on 7 -5 -1958 as a result of the injuries he had sustained.PW 7,the Assistant Surgeon of the Government Hospital,Parur conducted the autopsy and issued Ext.P.5 post mortem certificate.The certificate describes 38 incised injuries on the body mostly on the face,neck,shoulders and the upper parts of the body.According to the Medical Officer,death was due to shock and haemorrhage resulting from the injuries.He further stated that injury No.1 in Ext.P.5.an incised wound on the neck severing the blood vessels was by itself fatal and that the cumulative effect of all the injuries was necessarily fatal.He was also of the opinion that the wounds could have been caused by a weapon like M.O.1 chopper.