STATE Vs. BABU ALIAS BENJAMEN

JUDGEMENT

(1.) STATE represented by learned Public Prosecutor has preferred this appeal against the order of acquittal passed by the Court of sessions Kanyakumari Division at Nagercoil in S. C. No. 13 of 1985 on its file. Respondents one and two were charged under sec. 302 read with Sec. 109 and Sec. 302 respectively on the allegation that on the evening of 23. 9. 1984, they waylaid deceased Sukumaran near the field of the first respondent and while the first respondent pushed Sukumaran down and caught hold of his hands and instigated the second respondent to do away with him, the latter dealt a blow with M. O. 1 knife on the neck of Sukumaran and caused his death.

(2.) THE prosecution examined 16 witnesses, filed 19 exhibits and marked 7 material objects. Of the witnesses examined P. W. 2 Mariyadoss and P. W. 16 Suguna turned hostile. THEse factors emerge from the evidence: P. W. 1 Joyce and P. W. 6 Sunni are brothers. THEy are the residents of Marathankuzhi in Vilavankodu Taluk. On 26. 02. 1980, P. W. 6 Sunni was taking his bath in the drinking water spring in Paddodu. THE first respondent Babu alias Benjamin, who happened to come there protested how P. W. 6 Sunni could contaminate the drinking water. He beat on the head of P. W. 6 Sunni with a'vettikathi' and caused injuries to him. THEreafter P. W. 6 Sunni and five others went to the house of first respondent Babu and assaulted him. P. W. 8 Natarajan who was Writer in Arumanai Police Station at that time, registered. Ex. P-7 complaint preferred by P. W. 6 Sunni in this connection. On the same day the wife of the first respondent Babu alias Benjamin came to the police Station and preferred Ex. P-8 complaint. THE police investigated and laid charge-sheet on both the complaints. Later on both the cases ended in acquittal. Since then, the first respondent was inimical towards deceased Sukumaran.

(3.) ON 28. 9. 1984, P. W. 14 Inspector, arrested the first respondent and produced him in court. ON 1. 10. 1984, he arrested the second respondent near the bus stand in the presence of Johnson. Second respondent gave a confession statement the admissible portion of which is Ex. P-5. Pursuant to the same, second respondent took the police party to his house and producedm. O. I aruval. P. W. 14 Inspector seized the same under ex. P-6 mahazar.