STATE OF KERALA Vs. MULLAN

JUDGEMENT

(1.) THIS appeal by the State of Kerala is directed against the judgment of the Court of Session, Trichur Division acquitting respondent-accused of the charge under Sec.302, I.P.C. Respondent stood trial for offences under Secs.324 and 302, I.P.C. for causing the death of one Subramanian and for causing injuries to P.W.1, in the course of the same transaction, at or about 6.30 p.m. on 13.2.1987. The court below accepted the evidence, but found that only the offence under Sec.304, Part I, I.P.C. was made out.

(2.) ACCUSEDMULLANWAS engaged in quarrying operations. He was also living in adultery with one Janaky, with whose daughter Mini, the deceased was in love. Deceased sought the hand of Mini, in marriage. Accused resented the attentions paid to Mini by the deceased. It is alleged that the accused questioned deceased regarding his intentions, and that the deceased retorted back stating:"if you can keep the mother of Mini, I can as well marry her daughter".Upon this, the accused flew into a rage and threatened the deceased that he would not let him live. Suiting his deeds to his words, he whipped out a dagger and inflicted a number of injuries on the deceased.

(3.) JUDGED by standards of reasonable persons, placed in a like situation, the act of respondent cannot attract Exception I to Sec.300, I.P.C. The finding entered by the Court of Session, amounts to clear misdirection in law, and it is based on incorrect assumptions.