APPU Vs. STATE OF KERALA

JUDGEMENT

(1.) First accused in S.C. 13 of 1986 of the Sessions Court, Kalpattar is the appellant. He was tried along with A-2 to A-4 under Ss.120-B, 397 and 302 read with S.34 of the I.P.C. A-1 was found guilty under S.302 of the I.P.C. and was sentenced to undergo imprisonment for life. A-2 to A-4 were acquitted.

(2.) The prosecution case is that A-1 to A-4 in furtherance of their common intention to commit robbery of the amount with Joseph alias Vava (deceased) followed him while he was going to his house after closing his rationshop and assaulted him causing his death. P.W. 1 went to the Police Station and lodged Ext. P1 first information statement P.W. 33 investigated the case and charge-sheeted the accused.

(3.) Prosecution mainly relies on the oral dying declaration of the deceased as spoken to by P.Ws. 1 to 3. Prosecution also relies or the recovery evidence. P.W. 3 stated that on 24-10-1985 while he was in his shop he saw Joseph with bleeding injuries coming running and standing holding on the parapet wall of the varandah of the shop. P.W. 3 was informed by the deceased that Soman (A-1) and others had stabbed him. Immediately P.W. 3 ran to the wife's house of the deceased and informed the incident to P.W. 1 Baby and Sobastian. After informing them P.W. 3 came back. He was followed by P.W. 1, P.W. 2 and others. It is the evidence of P.W. 3 that P.W. 1 had asked the deceased as to what had happened to him and that he told P.W. 1 that he was stabbed by Soman (A-1) and three others. The injuries were bandaged. P.W. 3 brought taxi jeep and the deceased was taken to the hospital. P.W. 1 corroborated the evidence of P.W. 3 that he was informed about the incident by P.W. 3. P.W. 1 deposed that when he was informed by P.W. 3 that Joseph was lying injured he ran to that place along with his brothers and saw Joseph lying in a pool of blood. According to P.W. 1 deceased told him that Soman (A-1) and three others stabbed him and that he (P.W. 1) should look after the wife and children of the deceased. P.W. 1 testified about the bandaging of the injuries and the removal of the deceased from the place of occurrence to the hospital. P.W. 2 is the younger brother of P.W. 1. He has corroborated the evidence of P.W. 1 regarding the dying declaration.