PAREED PILLAY, J. - (1.)Appellant is the accused in S.C. 44 of 1989 of the Sessions Court, Wayanand Division, Kalpetta. He was charged under Section 302 of the I.P.C. for having caused the death of Thankappan in the courtyard of a toddy shop on 25-6-1988 at about 7 p.m. The learned Sessions Judge found him guilty under Section 302 and convicted and sentenced him to undergo imprisonment for life.
(2.)The prosecution case is that the accused came to the toddy shop managed by P.W. 1 and asked for toddy, that he could not be provided with toddy by P.W. 1, that he became angry, that a verbal altercation followed between them, that P.W. 1 pushed him out of the toddy shop, that he abused P. W. 1, that Thankappan (deceased ) who was there tried to pacify him, that he pulled out a dagger and stabbed the deceased, that the deceased fell down stating that he was stabbed by the accused and that P.W. 1 and others carried him to the toddy shop and later he was taken to Government Hospital, Sultan Battery. He was referred to the Medical College Hospital, Kozhikode by P.W. 3 doctor. P.W. 3 informed the Sub Inspector, Sultan Battery about the incident. The Sub Inspector forwarded the information to Kenichira Police Station where the incident occurred. P.W. 9 Head Constable of Kenichira Police Station went to the Medical College Hospital, Kozhikode and recorded the statement (Ext. P-13) of the deceased. P.W. 9 produced Ext. P-13 before P.W. 10 Sub Inspector Kenichira and the first information report was registered. Thankappan died on 30-6-1988. Consequent to the death the section of the offence was altered to 302 of the I.P.C.P.W. 10 held inquest and prepared Ext.P-15 inquest report. P.W. 5 doctor conducted autoposy and issued Ext. P-6 post-mortem certificate. Accused was arrested by P.W. 11 on 26-8-1988. On the basis of the disclosure statement made by the accused, M.O. 1 knife was recovered. P.W. 12 completed the investigation and laid the charge before the Court.
(3.)Prosecution relied on the testimony of P.Ws. 1 and 2 to prove this case. Prosecution has also relied on Ext.P-13 statement of the deceased.
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