NARAYANAN Vs. STATE

JUDGEMENT

(1.) The appellant is Kunjan Narayanan accused in the Sessions Case No. 39 of 1957 on the file of the Sessions Court, Kottayam. He has been convicted and sentenced to life imprisonment for causing the death of one Damodaran by stabbing him with a knife at about 5 P. M. on 22-1-1957.

(2.) The prosecution case is as follows:

(3.) The accused, deceased and Pws. 2 and 4 are sawyers engaged by Pw. 1. On 22-1-1957 at about 4 P. M., Pw. 1 asked the new comers Pw. 2 and the deceased to live with the accused and Pw. 4 in the Pachilamkadavu house under his control. They were given money for purchasing rice and other things and were permitted to pluck tapioca from his compound for their evening meals. Accused and Pw. 4 were returning from a toddy shop when the new comers joined them and all of them went to a toddy shop, the accused for a second bout. Damodaran the deceased paid for the drinks of himself and Pws. 2 and 3, but refused to pay for the toddy drunk by the accused. This led to a wordy quarrel between the deceased and the accused and all the 4 went to meet Pw. 1 who was bathing in a nearby channel for a mediation. Pw. 1 pacified them and promised to settle their disputes the next day, if they would go and live amicably. The accused and others then returned to the Pachilamkadavu house. Damodaran was seated on the eastern verandah of the house and preparing tapioca for boiling when the accused stabbed him from behind with a knife. Damodaran jumped into the court yard, but was followed by the accused who stabbed him again on the chest and hand. The matter was reported to Pw. 1, who reached the scene and found Damodaran lying dead, and the accused detained in a shop nearby. He went to Erattupettah and by Ext. P-1 First Information Statement informed the police about the occurrence. The police investigated the case, charge sheeted the accused, who was eventually tried by the Sessions Judge of Kottayam and sentenced to life imprisonment as mentioned above.