M C SEKHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) At the Session, Kozhikode, five accused persons were tried in connection with the murder of one Pylee. Accused No. 5 was acquitted. Accused No. I was convicted under S.302 and 324 of the Indian Penal Code. He was also convicted along with accused Nos. 2, 3 and 4 under S.201 and 342 read with S.34 of the IPC.

(2.) The incident took place at or about 8.30p.m. on October 30, 1977 on the side of the Meenangadi - Mananthavady road in Purakkadi, four kilometres to the west of Meenangadi Bazaar, on the heights of Wynad hills in the Western Ghats.

(3.) The relationship between Pylee and his brother, Pw. 1, on the one side and accused Nos. 1 and 5 on the other was not cordial for some time past. There was dispute between them about the use of the footpath leading to Pylee's house. During a confrontation which took place about six months prior to the occurrence between them the first accused lost one of his fingers. There was a case and counter about that. It was during the pendency of those proceedings that the incident in the present case took place.