APPALOSE ALIAS ALPHONSE Vs. STATE

JUDGEMENT

(1.) THE first accused Palice alias Palace is the appellant in Crl. A. No. 317 of 1984 and his father-in-law Appalose alias Alphonse, the second accused is the appellant in Crl. A. No. 316 of 1984. THE first accused was tried for an offence under section 302, I. P. C. for having caused the death of one Sukumara Pillai, the paternal uncle of P. W. 1 Surendrann with M. O. chopper at or about 7 p. m. on 6-7-1983 in front of the tea shop of P. W. 2 Mani at kadayalumoodu village, 6 kms. north of Arumanai police station, Vilavancode Taluk, kanniyakumari District. THE second accused was tried for an offence under section 109 read with section 302, I. P. C. for having abetted his son-in-law, the first accused, to commit the offence of murder in the course of the same transaction. THE trial court found the first accused guilty of the offence under Section 304 Part I, I. P. C. and accordingly sentenced him to undergo rigorous improsenment for 10 years. THE trial Court also found the second accused guilty of the offence under section 109 read with section 304, Part I, i. P. C. and sentenced him to undergo rigorous imprisonment for 6 years.

(2.) THE case of the prosecution is this: THE accused as well as the deceased belong to the same village. As stated earlier, the deceased is the paternal uncle of P. W. 1 Surendran, a student. P. W. 2 Mani is running a tea shop at the place of occurrence more fully described as No. 3 in the rough sketch Exhibit P-20. South of the tea shop of P. W. 2, P. W. 3 Arulappan is having his grovcery shop.

(3.) P. W. 17 the Inspector of Police, on receipt of intimation from P. W. 16 Sub Inspector of Police about the death of the injured, proceeded to investigate the case. He reached Nagercoil at 8. 45 a. m. and conducted inquest over the dead body at the mortuary between 9. a. m. and 11 a. m. Exhibit p-21 is the inquest report. Thereafter, he handed over the dead body to p. C. 1179 (P. W. 9) along with Exhibit P-10 requisition for post mortem examination. Thereafter he visited the place of occurrence and examined P. W. 2 and 3 and others.