BHASKARAN MANOHARAN ALIAS BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Bhaskaran and Manoharan alias Babu, the appellants before us, were placed on trial before an Additional Sessions Judge of Quilon to answer a charge under Section 302/34, I.P.C. The allegation agaist them was that on July 18, 1987 at or about 9 p.m. they, in furtherance of their common intention, committed the murder of Gopal Krishna Pillai alias Babu Pillai of village Valakam by stabbing him with knives. The trial ended in their acquittal but in appeal preferred by the State of Kerala, the High Court upset their acquittal and convicted and sentenced them under Section 302/34, I.P.C. They have now filed these two separate appeals under Section 379, Cr.P.C. which have been heard together and this judgment will dispose of them.

(2.) According to the prosecution case on the fateful evening the appellant had a heated argument with the deceased in front of a tea shop but owing to the intervention of and advice given by one Bhasakaran Pillai (P.W. 6) they left the place. Sometime later the two appellants followed the deceased and when he was proceeding along the ridge of a field they stabbed him with knives and fled away. A little later the deceased succumbed to his injuries. The motive that was ascribed for the above murder was that a week earlier the deceased had grabbed a bottle of arrack from appellant Bhaskaran.

(3.) It is the further prosecution case that on the following morning Vasudevan Pillai (P.W. 1), brother of the deceased, went to Pooyappally Police Station and lodged a report about the incident. On that report S.I.J., Wilfred (P.W. 10) registered a case and took up investigation. He went to the field where the dead body of Gopal Krishna Pillai was lying and held inquest. He then sent the dead body for post mortem examination by Dr. N. Bahuleyan (P.W. 8). In course of investigation P.W. 10 arrested appellant Bhaskaran and pursuant to his statement recovered a knife, which on chemical examination was found to contain stains of human blood. The other appellant, namely, Manoharan, surrendered before the Court later. On completion of investigation the police submitted charge sheet against the two appellants and in due course the case was committed to the Court of Session.