APPU Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused who has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment by the IV Additional Sessions Judge, Ernakulam is the appellant.

(2.) Accused suspected his wifeTs chastity as he got information that she had delivered a child before marriage. Accused had filed a petition before the S.N.D.P. Branch Officers seeking divorce. The families of the accused and his wife were stranged. On 8/9/1984 accuseds wifes brother Sivaji (deceased) and P.W. 1 went to the house of the accused apparently for effecting a reconciliation between the accused and his wife. This led to the murderous assault on the deceased.

(3.) P.W.1 who is an eye witness lodged the first information statement before P.W.19 Additional Sub Inspector. P.W.1 and Sivaji proceeded to the house of the accused after seeing a game. While P.W.1 stood in the courtyard Sivaji went inside accuseds house. Sivaji asked accusedTs mother whether children were there. Accuseds mother stated that her son had gone to milk his cow. Sivaji came out of the house. By the time accused came there. On seeing Sivaji accused abused him and asked him to get out. Apprehending that it will not be safe to remain there P.W.1 implored Sivaji to get away from there. Both of them came to the road P.W.1 saw accused running behind them. They ran towards the north and then to the west. Turning back P.W.1 did not see the accused. P.W.1 and Sivaji came back to the junction. Then P.W.1 saw accused coming with a towel. On seeing P.W.1 and Sivaji accused took out M.O.I knife which was wrapped in the towel and caught hold of Sivaji. While extricating himself Sivaji fell down. Sivaji took a stick which was lying nearby and stood up. Accused stabbed Sivaji on the left side of his abdomen. Sivaji waved the stick and the accused stabbed him again. Accused run away with the knife to his house. Sivaji walked to a little distance and fell down.