HAMSA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is by the two accused persons in S. C. 12 of 1965 on the file of the Sessions Judge, Palghat. The first accused is convicted under S. 304 Part I and 323 I. P. C. and sentenced to a concurrent term of rigorous imprisonment for ten years and three months respectively and the second under S. 323 and 3411. P. C. and sentenced to a concurrent term of three months and one month.

(2.) IT is alleged that on 14121964 at about 10. 30 A. M. the first accused caused the death of Hydru by stabbing him with a knife and caused hurt to pw. 7 Abdu also by stabbing and the second accused wrongfully restrained Moideen Hajee pw. 1 and caused hurt to him by beating him with a chappal.

(3.) HYDRU's death due to haemorrhage and shock as a result of the injuries is well proved and not disputed. He sustained one incised oblique penetrating wound on the left side of the anterior abdominal wall and another incised transverse gaping wound skin -deep on the right side of the neck below the right ear. Ext. P -2 certificate issued by pw. 3 describes the two incised gaping injuries sustained by the first accused one on the left side of the anterior abdominal wall 4" to the left of the umbilicus and running upwards and medially and the other on the back of the left thigh running downwards and outwards. The injury had divided all the muscles along its course. Accused 1 was an in -patient in the hospital for eight or ten days.