RAJAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE first accused in Sessions Case No. 44 of 1979 convicted by the Additional Sessions Judge, Kottayam under S. 302 I. P. C. and sentenced to undergo imprisonment for life is the appellant in Criminal Appeal no. 8 of 1980. THE State has filed Criminal Appeal No. 119 of 1980 against acquittal recorded by the trial Judge against accused 2 to 5 for various of fences including S. 302 I. P. C. read with S. 149 I. P. C. THE appellant in Criminal Appeal No. 8 of 1980 has been heard in person and also by counsel appointed for him.

(2.) THE prosecution case may be briefly stated as follows: accused Nos. 1, 3 and 4 are the sons of the second accused. Fifth accused is the son-in-law of the second accused. pws. 1 and 2 are the younger brothers of deceased Thankan. THE two groups, related inter se, fell out on account of thankan purchasing an item of property from pw. 13 by paying a price higher than that offered by the 2nd accused. pws. 1,2 and Thankan used to take their evening bath usually at Thuruthikkattu Kadavu in Kadammad village. On 28-12-197 9 at about 8. 15 p m. Thankan along with Pws. 1,2 and 5 went to the kadavu to take bath. pw. 2 had a lighted hurricane lamp with him. THEy had to pass through the courtyard of Pw. 6 and on the way they invited him and he promised to come a little later. Accused were sitting on a rock in the thodu. Immediately the 5th accused flashed a torch light at the face of Thankan, who questioned him THE first accused gave the reply saying that they came to do away with Thankan and others. THE first accused with M. 0. 1 Malappuram knife rushed towards Thankan and inflicted a stab injury on his chest and also further injuries. THE second accused armed with MO. 2 tapping knife inflicted cut injuries on Thankan on his head and back. Accused 3 and4 also inflicted stab injuries on Thankan with Malappuram knife. When pws. 1 and 2 came to the rescue of Thankan, they were stabbed by accused 1,3 and 4. Thankan fell down dead. THE 3rd accused threw pw. 2 in the canal. THE 5th accused was flashing his torch all along with a view to help the other accused. Hearing the cries of pws 1 and 2, several people gathered there. Accused ran away with their weapons Hearing about the occurrence, uncle and mother of pw. 1 and Pw. 2 rushed to the scene and took them to Government hospital, Palai, where they were admitted as inpatients by the doctor, pw 8, who sent intimation Ext. P14 to the Palai Police Station. pw. 11, head-constable attached to Palai Police Station received intimation, went to the Hospital and recorded first information statement Ext. P1 from pw. 1 at 2. 45 a. m and prepared body notes of pws 1 and 2 He returned to the police station at 4. 15 a. m and registered a case as Crime No. 360 of 1978 under Ext. P15 FIR. against 5 accused under S. 143, 147, 148, 307, 302 IPC. read with S. 149 ipc. Since the occurrence had taken place within the limits of Rama-puram police Station, FIR. was transferred to that station. pw. 12, Head-constable attached to Ramapuram Police Station registered the case as Crime No 165 of 1978 under Ext. P16 FIR. In the morning of 29121978, the accused 1 and 3 who had some injuries, went to the Government Hospital, Ramapuram, where they were admitted as inpatients by the doctor pw. 9 who also sent intimation to ramapuram Police Station. pw. 12 received the intimation, went to the hospital, recorded Ext. P17 statement from the 3rd accused, prepared body notes of accused 1 and 3 and registered a case as Crime No. 166 of 1978 under Ext. P18 fir. against pws. I, 2 and Thankan under Ss 323, 324 and S. 114 IPC

(3.) THE trial Judge framed charges under S. 143. 147, 148, 149, 324 and 302 IPC. against the accused who pleaded not guilty. Prosecution examined 14 witnesses Exts P1 to P22, MOs. 1 to 14 and Ext. Dl were marked. Defence did not tender oral evidence.