GEORGE DOMINIC VARKEY Vs. STATE OF KERALA
LAWS(SC)-1971-4-31
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on April 06,1971

GEORGE DOMINIC VARKEY Appellant
VERSUS
STATE OF KERALA Respondents


Cited Judgements :-

MANJEET SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(SC)-2014-4-79] [REFERRED TO]
RAM PRAWESH SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2015-1-58] [REFERRED TO]
KRUSHNA CHANDRA BISOI ALIAS BISOYI VS. STATE OF ORISSA [LAWS(ORI)-1991-1-2] [REFERRED TO]
VASANT H. JAYAWANT BHASME VS. SHANKARARAO BHIMRAO BHASME [LAWS(KAR)-2017-6-33] [REFERRED TO]
UJYAR SINGH VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-244] [REFERRED TO]
RAJ KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2015-2-29] [REFERRED TO]
SIVANKUTTY NAIR VS. STATE OF KERALA [LAWS(KER)-2021-11-303] [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal by special leave from the judgment, dated 19/09/1968, of the High court of Kerala setting aside the order of acquittal passed by the Sessions court on 17/07/1967 and convicting the appellant under S. 304, Part II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years.
(2.)The appellant was charged under S. 302, Indian Penal Code for having murdered his elder brother on 20/03/1967. The prosecution case was as follows. There was exchange of words between the appellant george and his elder brother Dominic in the course of which George drew out dagger from his waist and Dominic bent down to pick up a stone. Before Dominic could rise after picking up the stone, George rushed towards dominic and stabbed him with the knife. The stab was warded off by dominic. George again stabbed Dominic on the left thigh causing an incised gaping wound on the upper third of the left thigh. Immediately thereafter George ran away. Dominic was taken to the government dispensary and on the way he died.
(3.)There were three eye-witnesses. Of them two turned hostile. P. W. 3 Thomas Mathai and third eye-witness was the family lawyer and friend of both the brothers George and Dominic. The Trial court found mathai to be an independent and respectable witness. His evidence was that he had not seen George drawing out the knife. His attempt to pacify both the elder brother and ,the appellant was in vain. When the quarrel assumed an aggravated form Mathai intervened and separated both Dominic and George. Dominic then was removed a little towards east and George towards west. George who was behind Mathai suddenly passed him byhis side with a knife and stabbed Dominic. The evidence of Mathai was that when he saw George passing by his side with the knife, Dominic was stooping down. According to Mathai these acts of George and Dominic were simultaneous.


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