PRASAD ALIYAS THULASI, S/O GOPINATHAN AND AJI, S/O GOPINATHAN Vs. STATE OF KERALA, REP BY CIRCLE INSPECTOR OF POLICE
LAWS(KER)-2003-1-113
HIGH COURT OF KERALA
Decided on January 09,2003

PRASAD ALIYAS THULASI, S/O GOPINATHAN AND AJI, S/O GOPINATHAN Appellant
VERSUS
STATE OF KERALA, REP BY CIRCLE INSPECTOR OF POLICE Respondents

JUDGEMENT

- (1.) Appellants in this case are the accused in S.C.No. 28 of 1996 on the file of the Additional Sessions Court, Kollam, The accused are brothers. The allegation of the prosecution as summarised by the Session's Judge is as follows: "The deceased Sahadevan is residing at Shibu Mandiram, Karimamkodu, at Dharmapuri Ward in Vilakkudi Village. On 23.3.1995 at about 7 A.M., the deceased Sahadevan was walking along the ridge of the paddy filed at Meenamkodu. When he reached near the property of Sri. Narayana Pillai, both accused in furtherance of the common intention of causing death of Sahadevan, A2 struck him thrice on his forehead with an axe handle. As a result, the deceased Sahadevan fell down. At that time A1 inflicted several stab injuries on left shoulder, on back bone and on left nipple. Again A2 inflicted two stab injuries on left shoulder with a knife. Immediately he was removed to the Taluk head Quarters' Hospital, Punalur, but on the way to the hospital, he succumbed to the injuries at about 7.30 A.M. on the same day. The accused were in enimity towards the deceased. On 10.12.1994, Sahadevan assaulted mother of the accused and she sustained a fracture in left hand. In revenge of that they killed Sahadevan..."
(2.) PW1 gave Ext.P1 First Information Statement. PW1 is a neighbour. The incident happened between 7 and 7.30 P.M. PW1 depose that hearing the cry he went to the place of incident. There he saw the deceased Sahadevan lying in blood and people were coming there. The son of the deceased (PW4) took him and asked him what happened. Then he stated that the accused stabbed him. He showed action that he wants water and PW5 gave him water. He was taken to the hospital in an autorickshaw. Thereafter he went to give Ext.P1 FI Statement which was recorded by PW12. PWs.2 and 3 who are neighbours have seen the incident. They narrated the incident as narrated by the prosecution. They identified the weapons MO1, MO2 and MO3. MO1 blood stained sword was recovered from the place of incident as per Ext.P1 inquest report and Ext.P4 scene mahazar.
(3.) PW2 who is an agriculturist deposed that he went to the field at about 6 A.M. and he saw both the accused were sitting at the place of incident. PW2 started working in the field. At about 7 A.M. he saw the deceased walking along the ridge of the paddy field from south to north. Both accused then stood up and A2 asked the deceased did he beat and break his mother's hand and he struck trice on the forehead of the deceased with MO2 axe handle. Deceased fell down and cried loudly. At that time, A1 inflicted stab injuries on the chest and back of the deceased with MO1 sword. A2 put the axe handle and inflicted two stab injuries on the left shoulder with MO3 knife. A1 fixed the sword on the side of the ridge near Sahadevan. Seeing people of the locality gathering they ran away with MO2 and MO3. PW3 also gave almost similar version. He was walking behind the deceased Sahadevan.;


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