JOSEPH Vs. STATE OF KERALA
SUPREME COURT OF INDIA
STATE OF KERALA
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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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