Decided on February 25,1955

KUTTAN Appellant
STATE Respondents


- (1.) Accused 1 and 2 are the appellants in criminal appeals 30 and 31 of 1954. The State has filed criminal appeal 52 of 1954 for entering a conviction against the 2nd accused under S. 307 I.P.C., for he had been convicted by the court below for the offence under S.307 read with S. 114 I.P.C., Pw. 1, the complainant is the elder brother of the 2nd accused and the brother inlaw of the 1st accused. The prosecution was that with the object of murdering Pw. 1, the 1st accused, with the aid of the 2nd accused, stabbed him. The 2nd accused had married a Christian girl against his fathers wish and so he was disinherited by his father in the settlement deed Ext. M executed by him. On account of this, the 2nd accused had a grudge against Pw. 1. The 1st accused had also a grievance against Pw. 1 because of some dispute regarding the identity of the property left to his wife under Ext. M. Accused 1 and 2 used to threaten Pw. 1 and this forced the latter to file a complaint against both of them. A case M.C. 26 of 1951 filed under S. 103 of the Crl. Procedure Code was pending against the accused on the date of the occurrence. On the morning of the 24th September 1951, Pw. 1 and his brother who is Pw. 13, went to work in their field. At about 7.30 A.M. Pw. 1 came over to the adjoining road leaving his brother Pw. 13 in the field. When he passed by the tea-shop of Pw. 12, the two accused who were sitting on a bench in front of the shop abused him in vulgar language. Pw. 1 retorted by saying that on account of mischief-mongers like the accused, it was becoming difficult for people to go about. Pw. 1 then proceeded towards the north of the road. Both the accused followed him calling him to stop and overtook him at a distance of about 80 feet from the tea-shop, Pw. 1 stopped to a side of the road at which time both his hands were caught hold of by the 2nd accused. The 1st accused then stabbed Pw. 1 with a knife. Pw. 1 ran to the other side of the road pursued by the 1st accused who inflicted on him more stabs. When Pw. 1 fell down the 1st accused sat on his body and repeated the stabs. Both the accused then proceeded towards Pw. 12s shop saying that Pw. 1 was finished. But seeing Pw. 1 turning on his side they came back and gave him a few kicks. After some time Pw. 13 got information that his brother was lying wounded on the road. He hurried to the place and removed Pw. 1 to the Kattakkada Police Station, in a car. The information given by Pw. 13 was noted by the Police in the General Diary Ext. O. Pw. 1 was then not in a position to give any statement and so he was sent to the General Hospital, Trivandrum for treatment. Pw. 16 the Circle Inspector of Police went to the Hospital and recorded Ext. A statement from Pw. 1. A case was registered against accused 1 and 2 and investigation started. The 1st accused appeared at the police station on the day of occurrence itself and was arrested there. The 2nd accused who was absconding surrendered before the Magistrates court after the police had filed the charge sheet. After enquiry the Magistrate committed both the accused before the sessions court to stand their trial for the offence under S. 307 as regards the 1st accused and for the offence under S. 307 read with S. 114 I.P.C. as against the 2nd accused.
(2.) The court below found that Pw. 1 had sustained the injuries as alleged by the prosecution, that the injuries were caused by the 1st accused stabbing Pw. 1 with a knife, that the 1st accused did so with the intention of murdering Pw. 1, that the 2nd accused had abetted the 1st accused in the commission of the crime, and that the 1st accused was therefore liable to be convicted under S. 307 and the 2nd accused under S. 307 read with S. 114 I.P.C. The 1st accused was sentenced to undergo rigorous imprisonment for seven years and the 2nd accused to undergo rigorous imprisonment for two years.
(3.) Ext. F is the wound certificate issued by the medical officer one Dr. Bhaskara Menon, for the injuries found on Pw. 1. This medical officer left for England for higher studies and so his signature in the wound certificate was proved by Pw. 3, another medical officer, attached to the same institution. Pw. 8, a surgeon attached to the General Hospital was examined with reference to the injuries noted in Ext. F. Ext. F mentioned eight injuries on the person of Pw. 1. Two of them were linear abrasions, and the rest were incised wounds. Pw. 8 stated that these injuries could be caused by stabbing with a knife. According to him, the fifth injury noted in Ext. F which was an incised wound 1" x " "x " on the right side of the front of the neck in a vertical direction, communicating with the pleural cavity, was a serious wound which was likely to prove fatal. Pw. 1 was treated as an in-patient in the hospital till 21.10.1951, when he was discharged cured, as seen from Ext. G discharge certificate. He had been admitted in the hospital at 12 noon on 24.9.1951 when he had all the injuries noted in Ext. F. It was thereof evident that Pw. 1 sustained the injuries on the 24th of September 1951 as stated by the prosecution.;

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