STATE OF KERALA Vs. PADMANABHAN NAIR

JUDGEMENT

(1.) Criminal Appeal No. 141 of 1986 is filed by the State against the order of acquittal passed by the Court of Additional Sessions Judge, Alleppey in Sessions Case No. 53 of 1983. Criminal Revision Case No. 55 of 1985 is the suo motu revision taken by this court against the judgment of the Additional Sessions Judge.

(2.) The respondent and his brother, Gopalakrishna Kurup alias Omanakuttan, were charged for offences punishable under Sections 323, 302 read with Section 34 of the Indian Penal Code. During the trial, A.1 committed suicide and the trial proceeded against A.2, the respondent herein. Learned Sessions Judge found that the respondent is not guilty of the offence and acquitted him.

(3.) The prosecution case in brief is as follows. The incident took place at about 10.00 a.m. on 8-9-1982 at Kuruppada Purayidom on the western side of the culvert at Eramellor muri in Aroor Village. Sreedharan Nair, now deceased, father of P.W.1, was proceeding to the National Highway on the west along the pathway. A.1 and A. 2 followed him. A.1 was having a sword stick and A. 2 had an iron rod. A. 1 inflicted a stab on the back of Sreedharan Nair with a sword stick and A. 2 beat on the head of Sreedharan Nair with an iron rod. Again A. 1 inflicted a cut injury on the forehead of Sreedharan Nair with the sword stick. A. 2 again beat Sreedharan Nair with iron rod. Sreedharan Nair resisted the attack with No. 1 umbrella. However, he could not withstand the attack and he fell down. Thereupon A. 1 inflicted a stab injury on the abdomen of Sreedharan Nair, as a result of which his intestine came out P.W.1 daughter of Sreedharan Nair was coming a little behind Sreedharan Nair on her way to the typewriting institute. She rushed to the scene of occurrence, obstructed the accused and caught hold of A. 1. Thereupon; A. 1 bit P.W. 1 on her shoulder causing an injury. She released A. 1. Thereafter, both the accused left the place with weapons.