K M THOMAS Vs. STATE

JUDGEMENT

(1.) K.M. Thomas the appellant has preferred this appeal against his conviction under Section 302, Indian Penal Code, and the sentence of death passed thereunder by the learned Sessions Judge of Kanyakumari Division for having murdered one Kunjuman alias K. M. Joseph with a rubber tapping knife.

(2.) The occurrence had taken place in Eravannoor Rubber Estate owned by the appellant's elder brother Thiru K.M. Mathai in Thirupparappu village in Kanyakumari District at 3-30 P.M. on 30th August, 1970. The appellant was the manager of the said estate for sometime till January, 1969 when the deceased Joseph assumed charge of the managership. On the day of occurrence at about 3-30 P.M., the appellant went to the estate and demanded six kottas of paddy from Joseph (the deceased) and the latter explained that only two kottas of paddy were readily available and promised to give the balance of four kottas after the harvest. Joseph then asked Sargunam P.W. 1, a part time cooly who occasionally worked in the estate and had come there just then to cut tender coconuts from the tree and give it to the appellant. P.W. 2 Muthunayagam, a permanent employee in the estate was then taking hay from the hayrick at a distance of 50 feet. Just then P.W. 4, a neighbour and one Ramalingam also came to the court-yard of the estate house where the appellant and Joseph were conversing. After drinking the coconut water, the appellant asked P.Ws. 1 and 2, Solomon P.W. 4, and Ramalingam to go away; and accordingly P.W. 4 and Ramalingam left the place for their house. P.W. 2 Muthunayagam moved out to the cattle shed which is about 20 feet away from the estate house and was standing there. The appellant then asked Joseph to open the estate house and show him the two kottas of paddy which he said were stocked in the room. Accordingly Joseph opened the door of the eastern room in the estate house and entered the same. The appellant also entered the room and then took out M.O. 1 a knife used for tapping juice from the rubber trees from his waist and stabbed Joseph on his back with the knife. On sustaining a bleeding injury as a result of the attack, Joseph turned aside and the appellant stabbed him again with the knife on his right chest, on his left shoulder and on his left upper arm. Thereupon Jospeh cried out "Ayyo, the accused has stabbed me, you run away". The remarks were addressed to P.W. 1. Joseph went out of the inner room, went past the northern verandah and the court-yard and ran eastwards along the road. P.W. 1 ran after him and the appellant ran behind him. After chasing Joseph upto the eastern limit of the estate the appellant stopped and went back to the estate house. After running for about a furlong along the road abutting the estate on the west, Joseph fell down on the road near a channel. P.W. 1 ran to the place and Joseph asked him to report the occurrence to one Dass, a panchayat member of Thiruvarampu Panchayat which was at a distance. It was then about 4 p.m.

(3.) P.W. 2 Muthunayagam, a Watchman employed in the estate has corroborated P.W. 1 in full about the occurrence till Joseph fell down on the road near the channel. According to him, after P.W. 1 left the place, P.W. 4 and Ramalingam arrived there; and as Joseph asked for water P.W. 2 and Ramalingam took some water in their hands from the channel and Joseph drank the same. The appellant then came along to the place pushing a cycle. On seeing him, Joseph got up and ran along the road and fell inside the estate of a Nagercoil gentleman. By the time P.W. 2 and Ramalingam went to the place, Joseph had already died and one Palian and P.W. 3 Joseph, a butler in the estate were already there. It was then about 4-15 p.m.