NARENDRAN NAIR ALIAS UNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in SC 23 of 1986 of the Additional Sessions Court, Kottayam is the appellant. He was charged under S.302 of the I.P.C. for causing the death of Mathew alias Kutty on 9-1-1986 at about 8 p.m. The learned Additional Sessions Judge found the accused guilty under S.302 of the I.P.C. and convicted and sentenced him to undergo Imprisonment for life.

(2.) The prosecution case is that when the accused used abusive words Mathew alias Kutty (P. W. 2's father) approached him and advised him to refrain from doing so and inflamed by this the accused took out M.O.4 knife from his waist and stabbed the deceased on the left side of his chest below the nipple and that when he fell down the accused gave him another stab on his back. Immediately P. Ws 1 and 2 removed P. W. 2's father to the hospital. The doctor after examination pronounced him deed. The First Information statement was lodged by P. W. 2. Prosecution examined PWs 1 to 13, marked Exts. P1 to P7 and identified M. Os. 1 to 7. Accused while questioned under S.313 Cr. P.C. denied his complicity with the crime.

(3.) Prosecution mainly relies on the ocular evidence of P. Ws. 2 and 5. Though P. W. 1 turned hostile to the prosecution, portion of his evidence is also relied on by the prosecution to prove the incident as alleged by the prosecution.