MANIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was tried by the Sessions Court, Kottayam for the offence punishable under S.302 IPC He has been convicted by the Sessions Court for the offence under S.304 Part II, IPC and sentenced to undergo rigorous imprisonment for a period of 7 years.

(2.) Deceased Chandikunju is a tea shop owner. On 6-7-86 he had gone to his parents' house as he wanted some financial assistance from his father. He had his supper from the family house and he returned to his place of abode in the evening. He had to walk through a field bund. There were coconut trees in the field bund, and some of them were used for toddy tapping. It is alleged by the prosecution that on his way back deceased Chandikunju stealthly consumed some toddy from the 'matom' (an earthern pot kept on the tree for collecting toddy) kept in one of the trees. By about 10-30. p.m. he reached his house and told his wife (PW 5) that he had taken supper from his father's house and so saying he retired to his bed room. By about 1 O'clock in the night PW 5 heard the sound of opening of door. Then she saw the deceased vomitting. There was also diarrhoea. Deceased told PW 5 that on the way from his father's house, he had consumed toddy from a coconut tree and he suspected some admixture of poison in the toddy. Deceased Chandikunju vomitted several times and by about morning he was completely exhausted. PW 5 informed the brothers of deceased Chandikunju and at 8 a.m. on 7-7-1986 Chandikunju was admitted in the Medical College Hospital, Kottayam. By about 3 p.m. PW 5 told the doctors that the symptoms of nausea and vomitting were due to the drinking of adulterated toddy. Then the doctor who had been treating Chandikunju wanted to know as to which type of poison might have been added in the toddy. PW 1, the brother of deceased .Chandikunju hired a taxi and proceeded to the house of the accused. After much persuasion the accused told that he had added Nuvacrone in the toddy to prevent pilfering of toddy. This was conveyed to the doctors. But the doctors could not save the life of Chandikunju . He died at 9 a.m. on 8-7-1986.

(3.) PWl, the brother of deceased Chandikunju, gave Ext. P1 information before PW 15. On the basis of Ext. P1 statement crime No. 116 86 was registered against the accused. PW 17 took over the investigation. He inspected the place of occurrence and prepared Ext. P17 mahazar. He also recovered the earthern pot used for collecting toddy and MO2 leaves found near the coconut tree. PW 16, the Sub Inspector of Police, held inquest over the dead body and Ext. P16 is the report. Some of the material objects were sent for chemical analysis and Ext. P23 is the Chemical Analyst's report. The post mortem examination was conducted by PW 11 and Ext. P7 is the post mortem certificate. PW 17 thereafter filed the final report.