KUNHOOTY ALIAS ULAHANNAN Vs. STATE

JUDGEMENT

(1.) THE appellant Kunhooty has been convicted under Sections 302 and 324 of the Indian Penal Code and sentenced to suffer life imprisonment with a concurrent sentence of six months rigorous imprisonment, by the Sessions Judge of Tellicherry for causing the death of one Joseph and causing hurt to P.W. 1, John, by a dagger, at about 7 P. M., on 15 -4 -58. The prosecution case may be stated as follows:

(2.) THE accused stated in the trial court that when he was returning from his work in the estate, he saw the brothers, P. W. 1 and the deceased, fully drunk and beating each other. He caught hold of P. W. 1's hand to stop the quarrel. P. W. 1 resented this and asked him 'what business he had to interfere' and stabbed with a knife. He warded off the stab when the injuries of his plam and left hand were caused. He then wanted to go home, and on his way home, in the darkness, P. Ws. 6 and 7 accompained him to his house. He admitted the ownership of the dagger, M. O. 8, but denied that he took it out with him.

(3.) THE accused's guilt is established by the oral evidence of P. W. 1, the dying declaration of the injured Joseph and also the circumstantial evidence afforded by P. Ws. 5 to 7. Ext. P. 7 is the dying declaration. Joseph has stated therein that while himself and his brother John (P. W. 1) were returning at about 7 P. M. with their cattle, they met the accused who was returning from the estate. The accused asked them to make way for him and they did so. The accused then stabbed P. W. 1 twice on his back, and when the deceased rushed towards him, he stabbed him also once and the deceased fell down unconscious, and does not know what happened thereafter.