JOSEPH Vs. STATE OF KERALA
LAWS(SC)-2002-12-4
SUPREME COURT OF INDIA
Decided on December 03,2002

JOSEPH Appellant
VERSUS
STATE OF KERALA Respondents


Cited Judgements :-

DIWAN SINGH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2007-2-34] [REFERRED TO]
MULUK RAM VS. STATE [LAWS(UTN)-2008-12-16] [REFERRED TO]
RAKESH KUMAR VS. MANI DEVI AND ORS. [LAWS(HPH)-2018-8-103] [REFERRED TO]
TARSEM LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-12-27] [REFERRED TO]
KANHAIYA AND ORS. VS. STATE AND ORS. [LAWS(DLH)-2015-2-367] [REFERRED TO]
SAT KALI VS. JASBIR KAUR [LAWS(HPH)-2006-9-35] [REFERRED TO]
BAHADUR SAH VS. STATE OF BIHAR [LAWS(PAT)-2018-4-23] [REFERRED TO]
STATE OF GUJARAT VS. HIRA KARASHAN BORICHA [LAWS(GJH)-2018-5-15] [REFERRED TO]
SURVENDRA KUMAR @ SUNIL KUMAR & ANOTHER VS. STATE OF U P [LAWS(ALL)-2015-9-404] [REFERRED]
PAWAN KUMAR VS. STATE [LAWS(DLH)-2019-10-64] [REFERRED TO]
RANJEET RAUT VS. STATE [LAWS(DLH)-2023-2-191] [REFERRED TO]
STATE REP BY DEPUTY SUPERINTENDENT OF POLICE VS. MULLAIVENTHAN [LAWS(MAD)-2018-7-508] [REFERRED TO]
RAHUL DEV VS. STATE [LAWS(DLH)-2017-5-72] [REFERRED TO]
MANTOO SHARMA VS. STATE [LAWS(DLH)-2022-5-37] [REFERRED TO]
TAHIR VS. STATE OF U.P. [LAWS(ALL)-2019-12-264] [REFERRED TO]
YAKUB ISMAILBHAI PATEL VS. STATE OF GUJARAT [LAWS(SC)-2004-8-9] [REFERRED TO]
SANJAY SUKHDEO PAWAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-2-79] [REFERRED TO]
RAMSWAROOP VS. STATE OF M P [LAWS(MPH)-2005-8-82] [REFERRED TO]
RAM CHANDRA PRASAD VS. TARUN KUMAR [LAWS(CHH)-2009-4-15] [REFERRED TO]
STATE OF PUNJAB VS. JAGDISH CHAND [LAWS(P&H)-2004-3-46] [REFERRED TO]
ARVIND ANANDA BANDAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-2-8] [REFERRED TO]
A L RAVI S/O LAKKE GOWDA VS. STATE OF KARNATAKA [LAWS(KAR)-2018-8-114] [REFERRED TO]
SATYA DEO VS. STATE OF U.P. [LAWS(ALL)-2014-4-9] [REFERRED TO]
VITHAL PUNDALIK ZENDGE VS. STATE OF MAHARASHTRA [LAWS(SC)-2008-11-51] [REFERRED TO]
Jahid S/o Shaukat VS. State of Uttarakhand [LAWS(UTN)-2009-9-4] [REFERRED TO]
DHOORAT SINGH VS. STATE OF U P [LAWS(UTN)-2007-10-2] [REFERRED TO]
STATE OF KARNATAKA VS. SUVARNNAMMA [LAWS(SC)-2014-10-52] [REFERRED TO]
PARSU SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-4-16] [REFERRED TO]
RAJESH, S/O NARAYANAN VS. STATE OF KERALA [LAWS(KER)-2017-5-159] [REFERRED TO]
SANTHOSH MADHAVAN @ SWAMI AMRITHA CHAITHANYA VS. STATE [LAWS(KER)-2013-12-95] [REFERRED TO]
YUSUF GAYEN VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-7-19] [REFERRED TO]
PRAKASH DATTARAM KOLGE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-4-148] [REFERRED TO]
NEK RAM VS. STATE OF N.C.T. OF DELHI [LAWS(DLH)-2015-3-166] [REFERRED TO]
STATE OF DELHI VS. BAL KISHAN ALIAS BALI [LAWS(DLH)-2006-6-54] [REFERRED TO]
PRAVIN DHONDIRAM CHORGE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-1-34] [REFERRED TO]
SOHAN LAL AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-2-21] [REFERRED TO]
SHUDHAKAR VS. STATE OF M P [LAWS(SC)-2012-7-47] [REFERRED TO]
GANESH GULAB GARAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-12-171] [REFERRED TO]
BHAGATRAM VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2013-4-24] [REFERRED TO]
STATE OF GOA VS. YATIN TIGADE [LAWS(BOM)-2019-12-142] [REFERRED TO]
STATE OF M P VS. SUNIL JAIN [LAWS(MPH)-2007-3-75] [REFERRED TO]
MASOOLA MASTAN VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2006-12-13] [REFERRED TO]
RAJENDRA SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-4-72] [REFERRED TO]
PRAKASH VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2006-11-139] [REFERRED TO]
KESHAR SINGH VS. STATE [LAWS(UTN)-2007-3-27] [REFERRED TO]
PANA HARA BHATI VS. STATE OF GUJARAT [LAWS(GJH)-2010-1-3] [REFERRED TO]
SURAJ SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2006-7-10] [REFERRED TO]
SMT. BRAHMADEVI VS. STATE OF U.P. [LAWS(ALL)-2019-5-437] [REFERRED TO]
Kailash Chandra Kandpal VS. State [LAWS(ALL)-2008-12-402] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. SUMAN [LAWS(ALL)-2013-3-239] [REFERRED TO]
VIJAY SINGH VS. STATE OF M P [LAWS(MPH)-2004-9-34] [REFERRED TO]
UDIT NARAYAN SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-155] [REFERRED TO]
STATE OF TRIPURA VS. RAHIM MIAH [LAWS(GAU)-2011-8-33] [REFERRED TO]
RAJAGOPAL @ KEMBABAN BINU VS. STATE OF KERALA [LAWS(KER)-2020-11-12] [REFERRED TO]
HARSH LAL AND ANR. VS. STATE OF UTTARAKHAND [LAWS(UTN)-2009-9-36] [REFERRED TO]
NAGAPPAN VS. STATE OF TAMILNADU [LAWS(MAD)-2006-2-338] [REFERRED TO]
PRAKASH BHAWANI PRASHAD VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2006-11-158] [REFERRED TO]
STATE OF U.P. VS. SATVEER AND ORS. [LAWS(SC)-2015-7-9] [REFERRED TO]
KAMLA KANT DUBEY VS. STATE OF U.P. [LAWS(SC)-2015-7-84] [REFERRED TO]
RAMNARESH VS. STATE OF CHHATTISGARH [LAWS(SC)-2012-2-59] [REFERRED TO]
SABU VS. STATE OF KERALA [LAWS(KER)-2016-8-161] [REFERRED TO]
MOHAMADNOMAN IQBALAHEMAD RAJPUT VS. STATE OF GUJARAT [LAWS(GJH)-2019-5-37] [REFERRED TO]
STATE OF M P VS. ARVIND JOSHI [LAWS(MPH)-2008-1-47] [REFERRED TO]
MANRAKHAN S/O SHRI GANPATI PRASAD SHARMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-55] [REFERRED TO]
SANGILI @ SANGILIMADASAMY VS. STATE [LAWS(MAD)-2017-12-141] [REFERRED TO]
SYED SABUJ KHAN DAKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-2-42] [REFERRED TO]
KOKILABEN,W/O.HEMUBHAI SHIVABHAI RAJPUT VS. STATE OF GUJARAT [LAWS(GJH)-2013-3-297] [REFERRED TO (III)]
SHEIKH MEHEBOOB ALIAS HETAK VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-2-34] [REFERRED TO]
GAJPAL SINGH VS. STATE OF U.P. [LAWS(UTN)-2007-12-26] [REFERRED TO]
BHAGWAN S O LAXMAN WAYKHODE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-9-93] [REFERRED TO]
GOVINDARAJU ALIAS GOVINDA VS. STATE BY SRIRAMAPURAM P S [LAWS(SC)-2012-3-9] [REFERRED TO]
GIRISHBHAI NATVARBHAI PATEL VS. STATE [LAWS(GJH)-2005-11-18] [REFERRED TO]
M.G. ESHWARAPPA AND OTHERS VS. STATE OF KARNATAKA [LAWS(SC)-2017-3-16] [REFERRED TO]
STATE OF MAHARASHTRA VS. DINESH [LAWS(SC)-2018-2-160] [REFERRED TO]
B P VITTAL REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2004-11-23] [REFERRED TO]
SHIVANAND S/O MADIVALAPPA KURESHINAVAR VS. STATE OF KARNATAKA [LAWS(KAR)-2018-9-418] [REFERRED TO]
DIWAN SINGH VS. STATE OF UTTARAKHAND [LAWS(ALL)-2007-2-205] [REFERRED TO]
STATE VS. RAVI KAPOOR & ANR [LAWS(DLH)-2018-1-7] [REFERRED TO]
DALIP KUMAR VS. STATE OF DELHI [LAWS(DLH)-2020-3-50] [REFERRED TO]
UMMED VS. STATE [LAWS(ALL)-2017-6-16] [REFERRED TO]
BHARMA LAXMAN KONI VS. STATE [LAWS(KAR)-2017-8-119] [REFERRED TO]
DEVATHA VENKATASWAMY RANGAIAH VS. PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH [LAWS(SC)-2003-9-143] [REFERRED]
MANOJ SHUKLA ALIAS PREM VS. STATE [LAWS(DLH)-2012-2-22] [REFERRED TO]
LALLU SINGH VS. STATE OF U.P. [LAWS(ALL)-2012-7-329] [REFERRED TO]
PRASANT @ LALA SON OF KRISHNA KUMAR VS. STATE OF RAJASTHAN THROUGH P.P. [LAWS(RAJ)-2017-7-154] [REFERRED TO]
SHANKARBHAI @ NADAN KARNAPPAN DARBAR & ORS. VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-94] [REFERRED TO]
RECEIVED FROM ADDITIONAL SESSIONS JUDGE VS. SHEIKH ARIF [LAWS(MPH)-2009-4-79] [REFERRED TO]
PAVINDER AHLUWALIA VS. STATE OF M P [LAWS(MPH)-2009-9-30] [REFERRED TO]
STATE OF MADHYA PRADESH VS. ASHOK [LAWS(MPH)-2008-3-24] [REFERRED TO]
CHOTELAL NISHAD VS. STATE OF C.G. [LAWS(CHH)-2017-7-12] [REFERRED TO]
HEMLAL AND ANOTHER VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-5-65] [REFERRED TO]
GORENTLA SREENU VS. STATE OF A P [LAWS(APH)-2004-10-35] [REFERRED TO]
PUBLIC PROSECUTOR HIGH COURT OF A P VS. DAGADA BUJJI REDDY [LAWS(APH)-2004-10-131] [REFERRED TO]
MAHADEO ORAON VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-2-33] [REFERRED TO]
JAI PRAKASH SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-8-13] [REFERRED TO]
STATE OF HARYANA VS. SHIBU ALIAS SHIV NARAIN [LAWS(SC)-2008-7-127] [REFERRED TO]
RAVI VS. STATE [LAWS(SC)-2008-9-19] [REFERRED TO]
STATE VS. DHARMENDER @ TITTU & ORS. [LAWS(DLH)-2016-5-330] [REFERRED TO]
SUSHIL KUMAR @ GUDDU VS. STATE [LAWS(DLH)-2017-6-35] [REFERRED TO]
DHARMENDRA PARAS CHAUHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-2-83] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. NEELAM KUMARI [LAWS(HPH)-2011-6-13] [REFERRED TO]
KOTLA CO-OP SOCIETY VS. MOHINDER ARUN [LAWS(HPH)-2006-12-78] [REFERRED TO]
SURJIT SINGH VS. JAGRAJ SINGH [LAWS(HPH)-2006-4-40] [REFERRED TO]
UNITED INDIA INSURANCE CO. AND ETC. VS. KIRNA DEVI AND ORS. [LAWS(HPH)-2005-9-50] [REFERRED TO]
DAYALA ALIAS DAYA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-57] [REFERRED TO]
AMIT SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-11-4] [REFERRED TO]
SENTHILKUMAR VS. INSPECTOR OF POLICE, TRICHY DISTRICT [LAWS(MAD)-2013-6-95] [REFERRED TO]
STATE OF U P VS. SANTOSH & ORS [LAWS(ALL)-2018-4-325] [REFERRED TO]
SONNEGOUDA AND ORS. VS. THE STATE OF KARNATAKA [LAWS(KAR)-2015-4-122] [REFERRED TO]
ALAGUPANDI ALIAS ALAGUPANDIAN VS. STATE OF TAMIL NADU [LAWS(SC)-2012-5-49] [REFERRED TO]
SIKHA KAR (BAIDYA) VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-8-46] [REFERRED TO]
RAMBARAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2005-3-11] [REFERRED TO]
RAMNARESH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2009-7-14] [REFERRED TO]
CHANDRIKA VS. STATE O C G [LAWS(CHH)-2010-2-65] [REFERRED TO]
AJAY YADAV VS. STATE OF BIHAR [LAWS(PAT)-2010-8-46] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD. VS. PASMI DEVI [LAWS(HPH)-2006-1-31] [REFERRED TO]
ANIL KUMAR VS. STATE OF H.P. [LAWS(HPH)-2014-9-8] [REFERRED TO]
IMAMMUDDIN VS. STATE OF U P [LAWS(ALL)-2009-5-853] [REFERRED TO]
PRAVIN DHONDIRAM CHORGE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-1-259] [REFERRED TO]
POPAT KHANDU PISAL VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2014-6-220] [REFERRED TO]
AMOL SON OF BALAJI MESHRAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-2-75] [REFERRED TO]
TANAJI SHAMRAO NALAVADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-6-25] [REFERRED TO]


JUDGEMENT

Rajendra Babu, J. - (1.)The appellant and two others were prosecuted for offences under Sections 341, 307 and 302 read with Section 34, I. P. C. on the allegation that on 9-7-1989 near the bunk shop of one Kolasseri Pappachan at Konipadu junction, they restrained from moving on the road, murdered Simon and caused hurt to Benny (PW-1) and ran away. The Trial Court found that the charges against the appellant and the other accused were not established and acquitted them. The State preferred an appeal in the High Court. A Division Bench of the High Court set aside the order of acquittal and recorded the conviction against the appellant but did not disturb the order of acquittal made by the Trial Court with respect to the other two accused.
(2.)The prosecution case as unfolded in the Trial Court is that the injured witness. Benny (PW-1) and the deceased-Simon were proceeding to their houses from west to east along Konipadu-Moonnilavu Road after purchasing beedi from the shop of one Mathachan at Konipadu junction. All the three accused who were moving ahead from Konipadu junction wrongfully restrained the deceased and Benny (PW-1) from proceeding on the road by asking them as to "why they were pretending to be big". It appears that the deceased asked the accused as to whether they would not permit others to walk along the road peacefully. Thereupon A-2 exhorted "Do away with him". On hearing this, A-1 took out a knife and stabbed the deceased on the right part of his chest. Having sustained this injury, he ran towards the west. Then A-3 is stated to have asked A-1 to do away with Benny (PW-1) also. So the appellant stabbed Benny (PW-1) on his left palm with the same knife and he again stabbed him on the left side of his neck. Benny (PW-1), however, could ward off and ran towards west and reached Konipadu junction. On the way he found deceased, Simon to have fallen down. He then narrated the incident to PWs 2 to 4, who rushed to the scene of occurrence. Benny (PW-1) and the deceased, Simon were taken to the Government Hospital, Palai in a jeep owned and driven by PW-5. However, Simon succumbed to the injuries at 7.45 p.m. on way to the hospital.
(3.)The Trial Court observed that on the basis of the material on record through the evidence of the doctors supported by Exhibits P-7 and P-8 that the deceased Simon and Benny (PW-1) had sustained injuries on 9-7-1989 and Simon died as a result of the injuries sustained by him in the said incident. This part of the case is not in serious dispute.


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