UNNIRI KANNAN Vs. STATE

JUDGEMENT

(1.) The accused in S.C. 32 of 1958 of the Tellicherry Sessions Court is the appellant. He has been convicted under S.302 I. P. C., and sentenced to rigorous imprisonment for life for causing the death of his mother by inflicting multiple injuries.

(2.) The accused Kannan aged 45 and his mother Perukkachi aged 70 were living in a house by the side of the road opposite to the Canannore Central Jail. The unmarried accused and his mother were the only occupants of the house. At about 4 P. M. on 29.7.1958 the accused who had been away since morning returned home. At 7 P. M. his mother went out to the nearby tea-shop and purchased a glass of tea which she took home. It appears that the accused used frequently to quarrel with his mother over the quality of food she used to serve him. At about 7.30 P. M., P.W. 2 a cousin of the accused living in a house close by heard a commotion in the accuseds house. She heard Perukkachi crying out that she was being killed and the accused replying that she deserves something more than killing. She rushed up but when she neared the well on the northern side of the accuseds house the accused opening the front door came out and scared her away saying that he would finish off any one coming near. He went back into the house and closed the door. The old woman continued to cry out. The commotion attracted the neighbours as well as the people walking along the public road nearby. They heard the woman pleading with her son not to kill his old mother, but all of them were frightened to enter the building. Soon the womans cries ceased. Then the accused opened the front door and came out wearing a white banion and a pair of kakki shorts both spattered with blood. He walked away to the north of the house. Those gathered in front of the house could see through the open door the woman lying in the verandah inside the house. Pw. 1, the local Amsom Menon, who was one of those who had gathered there went to the Cannanore Police and lodged the first in for nation. His statement is Ext. P1. The Sub-Inspector of Police. Pw. 10 with some constables rushed to the scene. They found the accused sitting in the compound on the northern side of the house. He was arrested on the spot. The dead body of Pirukkachi was sent to the Canannore District Hospital. After due investigation the case was charge sheeted.

(3.) The accused in his statement before the committing Magistrate pleaded ignorance of the whole matter and said that he was not present in his house at that time. Before the Trial Court he stated that when he returned home that evening he found his cousin one Kannan in his house and that he does not know when Kannan left. He further stated that he used to get epileptic fits and he does not remember anything that happened.