STATE OF KERALA Vs. MAVILA THAMBAN NAMBIAR
HIGH COURT OF KERALA
STATE OF KERALA
MAVILA THAMBAN NAMBIAR
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(1.)This Appeal by the State of Kerala and the revision by P.W. 1 in S.C. 57/88 on the file of the Court of Session, Kasargod Division, is directed against the order of acquittal made in that case.
(2.)Respondent accused stood trial for causing the death of one Madhavan by stabbing him in the chest with M.O.2 Scissors, with the intention of causing his death, at or about 8 p.m. on 10-5-1988 at Kuttappunna, the offence punishable under S.302 I.P.C.
(3.)A "Thaiyyam" (a village ballet) was scheduled for the day. For purposes of that, deceased wanted a lighted petromax which was in the shop of the accused and made a request therefor. Understandably, the accused refused this request. Earlier in the day, the brother of deceased had also made a request for two benches in the shop of the accused, for purposes of the "Thaiyyam". Referring to these an exchange of words followed between the accused and the deceased, leading to a scuffle. P.W.I and others counselled the parties not to engage themselves in a fray. P.W.6 is then, said to have taken the deceased in his hand presumably to lead him away. Upon that the accused who was sitting on a stool is alleged to have picked up a pair of Scissors M.O.2 lying on the table in front of him, and inflicted a stab injury on the right side of the chest of deceased Madhavan. Accused made another attempt to inflict a stab on the right side of Madhavan's cheek. The Scissors fell from his hands.
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