Decided on May 17,1962



- (1.) The accused who has been convicted of murder for causing the death of one Ramakrishna Pillai by a stab with a dagger on 19-5-1961 and sentenced by the Sessions Judge, Alleppy, to death has preferred this appeal from his conviction and sentence; and the Sessions Judge has submitted the proceedings to this court for confirmation under S.374 Cr. P.C.
(2.) According to the prosecution at about 6 p. m., on 19-5-1961, the accused and Pw. 1 were engaged in a conversation in front of Pw. 3s tea-shop near the cinema theatre at Oachira when Ramakrishna Pillai (the deceased) and George came by that way. The accused desired George to treat him with tea, but the latter refused to oblige him. The accused felt slighted at this and caught George by his waist, but George wriggled out of the catch when the accused gave him a blow with his hand, and Ramakrishna Pillai fisted the accused once on his forehead. Pws. 1 and 3 and others intervened and averted further scuffle among them. Ramakrishna Pillai and George abandoned the idea of seeing cinema that day and returned home northward along the Quilon-Allepey road. As they set forth, the accused cried out that he would meet them later; and a while thereafter he and Pw. 1 followed them. Pw. 4 saw Ramakrishna Pillai and George going along the road in front of his house which is not far from the cinema theatre, followed by the accused and Pw. 1 at a distance of about 5 feet, and heard the accused abusing and challenging Ramakrishna Pillai as they proceeded. The parties went along the main road for a further distance of about 3 furlongs when they took the road branching off north-eastward near the Coconut Research Station, Kayamkulam. About a furlong and a half from the junction is a railway level-crossing. To the west of the level-crossing are a toddy-shop, a tea-shop and a shop of miscellaneous goods. Pw. 1 stopped at the railway level-crossing, while the others crossed it and went northward along the byroad. Soon the accused, who was all along behind Ramakrishna Pillai and George, got to the front side of Ramakrishna Pillai and plunged a dagger into his abdomen 3 1/2" below the left nipple. Later medical examination revealed that the stab went 6" deep penetrating the abdominal cavity through the tenth intercostal space cutting his peritoneum amentum and the left kidney. Ramakrishna Pillai turned back, ran southward and fell on the side of the road about a 100 ft. from the spot. Meanwhile the accused rushed towards George with the dagger in hand, but George ran westward along the railroad and escaped. The accused then ran away northward with the weapon. Seeing that the accused had left the scene, George came back to the place, went to the Coconut Research Station and caused Pw. 5 intimate the Police of the incident over the phone. Pw. 15, the Sub Inspector of Police, Kayamkulam, received the information at 9 p.m. and at once rushed to the place. Meanwhile Pw. 1 was attending on Ramakrishna Pillai and George joined him. The Sub Inspector and party reached the place soon and removed Ramakrishna Pillai to the Government Hospital, Kayamkulam, where the injured gave Ext. P-15 statement to Pw. 15 at 9.30. p.m. naming the accused as the person who stabbed him, and Pw. 1 as a witness to the event. Pw. 10, the Medical Officer, also saw the deceased by 9-30 p. m. Ext. P. 7 is the wound certificate issued by him. He sutured the wound but seeing heavy discharge of blood through the urinary passage of the injured directed him to be taken to the District Hospital, Quilon. He sent Ext. P-8 requisition to Pw. 11, the Sub-Magistrate, Kayamkulam, who reached the hospital by 12-10 midnight and recorded Ext. P-11 dying declaration in the presence of Pw. 10 who certified the patient to have been conscious then. The injured was then removed to the District Hospital, Quilon, by his brother, but as they entered the Hospital premises, Ramakrishna Pillai expired at 4. 30 a.m. on 20-5-1961.
(3.) The accused was absconding after the event. He could be arrested only on 29-9-1961 though two constables were specially deputed to find out and arrest him. The charge sheet was laid by Pw. 13, the Circle Inspector of Police, on 29-9-1961 before the Sub Magistrate, Kayamkulam and later on transferred to the Sub-Magistrate, Karthikapally, who after preliminary enquiry committed the accused to the Sessions Court.;

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