MANOHARAN, J. - (1.)Accused, Thommachan alias Thomas was charged under Ss. 447 and 302, I.P.C. for having caused the death of his elder brother Augusty at about 10.45 p.m. off 5-2-1989 after criminally trespassing into the court yard of the house of Augusty. Learned Additional Sessions Judge. Kozhikode Division tried the accused, found him guilty and sentenced him to undergo simple imprisonment for one month under S. 447, IPC and to undergo imprisonment for life under S. 302, I.P.C. with a direction that the sentences shall run concurrently. Accused challenges the said finding, conviction and sentence in this appeal.
(2.)The matrix of the prosecution case is that the relationship of the brothers were not cordial. Some time before the occurrence which took place at about 10.45 p.m. on 5.2.l989, the dog belonging to Augusty bit the cat belonging to the accused. Accused got wild and he called abusive words against Augusty. At that time, Augusty was not in his house. On his return, Augusty along with his wife P.W. 2 and children while was taking supper in the verandah of their house, accused who was residing in the neighbourhood came to the court yard and again started calling out abusive words. After supper, when Augusty came to the steps leading to the place where water was kept for washing, accused reached him and inflicted a stab injury on the left side of his chest. He (accused) then inflicted several stab injuries on Augusty; seeing this PW2 interfered with a chopper and inflicted cut injuries on the accused to save her husband Augusty. Hearing the cry of PW 2 and her children, PW6, a relative and neighbour reached there. He saw the accused standing nearby with MO 1 dagger. He wrested MO 1 from the accused. Augusty was taken to the verandah and later he was taken to the Primary Health Centre, Perambra; where PW 12 examined and pronounced him dead. He issued Ext. P-13 wound certificate concerning Augusty. Accused who sustained injuries too went to the same Primary. Health Centre at 4 p.m. on 6-2-1989. He was attended by PW 13, the doctor attached to the Primary Health Centre. He issued Ext. P.14 wound certificate. Later he referred him to the Medical College Hospital, Kozhikode. He was treated there. DW-1, duty doctor in Surgery Department, Medical College, Kozhikode produced Ext. D-13 case sheet. He also proved Ext. D-14 reference card issued to the accused when he was discharged from the hospital.
(3.)P. W. 1, son of Augusty went to the police station and rendered Ext. P1 F, I. statement before PW-15, Head Constable at 12.30 a.m. on 6-2-1989 on the basis of which PW-15 registered Ext. P1 (a) FIR against the accused under Ss.447 and 302, I.P.C. The investigation was taken over by PW-16. Circle Inspector of Police. He held Ext. P. 10 inquest on the deadbody of Augusty on 6-2-1989 under which he seized MOs. 2, 4, 8 and 9, then he proceeded to the scene and prepared Ext: P8 scene mahazar and seized Mos. 3 and 6. PW-11, Assistant Professor of Forensic Medicine, Medical College, Kozhikode conducted autopsy on the deadbody of Augusty and issued Ext. P-11 post-mortem certificate. On 6-2-1989 PW-6 produced MO-1 before PW-16 who seized the same under Ext. P-16. He questioned the witnesses.
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