KUNJAN NADAR RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in Sessions Case No. 98 of 1985 of the Sessions court, Trivandrum, convicted under ss. 302 and 3241. P. C. and sentenced to undergo imprisonment for life and R. 1. for three years respectively, the sentences having been directed to run concurrently, is the appellant herein.

(2.) PROSECUTION case can be summarised as follows: P. W. 2 is the widow and P. W. o the son of now deceased Krishnan. Appellant is the son of P. W. 2's elder brother. P. W. 7 is the brother of the appellant. Their father had six cents of land in Athiyannoor desom. On his death appellant was in possession of the eastern three cents and P. W. 7 the western three cents. P. W. 7 borrowed money from Krishnan and mortgaged the western three cents to him. Krishnan constructed a but there and started residing there with his wife and children. Appellant resented this and wanted Krishnan to surrender the property to him which the latter was unwilling to do. This led to ill-feeling between them.

(3.) APPELLANT when questioned by the Sessions Court denied that there was any enmity between him and Krishnan. He denied having asked krishnan to surrender the land. He was not present at the scene, Seven days prior to the occurrence he had gone for work in a lime kiln near Thiruvalla railway Station. When he left the house he had given Rs. 200/- to his wife and therefore he did not send her money or letters. On 10-5-1985 he returned home. His wife told him about Krishnan's death and asked him to go to Neyyattinkara police station. Next day at about 6 a. m. when he was about to leave for the police station, police came to his house and arrested him and took him to the police station. He was not taken to any place other than to court. Krishnan had arrack business. APPELLANT had asked P. W. 3 and others not to come there for drinking. Krishnan used to quarrel with others who came to drink. APPELLANT had married a Nair lady which was resented by his people who advised him to give up his wife and child. The Sessions Court however accepted the prosecution case as proved and convicted and sentenced the appellant as indicated above.