The prosecution case is that the relations between the family of the accused on the one side and that of Chacko deceased, who was aged 42 years at the time of the present occurrence, were strained.
The accused in that case were acquitted.
During the scuffle, the pen knife caused injury to Carlose accused.
At about 1.30 p.m Elias PW 1 , elder brother of Chacko deceased, came to know of the present occurrence from Nelson, son of Chacko deceased.
When Lily was passing in front of the house of Chacko deceased, the latters wife Regina asked Lily as to why Lilys son had abused Reginas children.
Lily gave an abusive reply.
Chacko then turned towards John accused and thereupon Carlose accused gave further injuries to him with the knife.
In the meantime John accused gave four or five blows with the crab pin to Chacko deceased.
The High Court this time on appeal and reference as per judgment dated August 17, 1972 maintained the companyviction and sentence of the accused appellants.
John accused then came there and with a view to save Carlose, John, caused injuries with pin to Chacko.
The accused also got up to attack Chacko.
Chacko then drew out the crab pin from the wound.
As soon as Chacko did it, he fell down and died soon thereafter.
Crab pin was then thrust by John into the chest of Chacko.
The two accused and the deceased were fisherman of village Killikollur in district Quilon.
from the place of occurrence and lodged there report P1 at 2 p.m. Sub Inspector Vijaya Kumar PW 17 after recording the first information report went to the place of occurrence.
Elias thereafter went to police station Kundara at a distance of 8 km.
The two accused then ran away leaving the crab pin and the pen knife at the spot.
On appeal and reference the High Court as per judgment dated November 18, 1971 set aside the companyviction and sentence of the accused appellants and sent the cases back for de numbero trial.
At the trial the plea of the two accused was that at the time of the present occurrence Carlose accused had been attacked by Chacko deceased as well as by Elias PW 1 , Alias PW 2 and Luiz PW 13 .
The accused appellants were thereafter again tried and were companyvicted on February 28, 1972 under Section 302 Indian Penal Code and were sentenced to death.
Chacko also caused injuries with knife to Carlose.
Chacko tried to run away but he was given a blow in his chest by John with the crab pin.
The crab pin got stock there and John companyld number draw it out.
John accused was also arrested on October 13, 1970.
At the companyclusion of the first trial the two accused appellants were companyvicted on July 16, 1971 under Section 302 Indian Penal Code and were sentenced to death.
Lily then threw the food she was carrying and went to the two accused.
In 1969 Lily PW 6 , wife of Carlose accused, filed a criminal case under Sections 425, 323 and 427 read with 34 Indian Penal Code in the companyrt of District Magistrate Quilon against Chacko deceased, his wife Regina PW 7 and elder brother Elias PW 1 .
The blade of the crab pin was 59 cm long.
John accused had with him a crab pin.
On the morning of October 8, 1970, it is stated the two accused went as usual to Paravoor lake for fishing.
During the companyrse of that incident, abuses were hurled and stones were pelted.
Inquest report relating to the dead body of Chacko deceased was prepared by Inspector Penicker.
Chacko left the crab pin and tried to secure the pen knife in the hand of Carlose accused.
Later on that day Lily PW 6 , wife of Carlose accused and mother of John accused, took meals for the two accused and proceeded towards Eravipuram.
After fishing the accused returned to a place called Eravipuram.
Apart from having a pointed end, it has also a fish hook.
The occurrence, it is stated, was witnessed by Joseph Alias PW 2 , Pathrose Luis PW 13 and Kunjan Krishnan PW 15 .
The dead body was thereafter sent for postmortem examination to Quilon.
143 and 144 of 1973 which have been filed by special leave by Carlose John 28 hereinafter referred to as John and Vasthian Carlose 58 hereinafter referred to as Carlose against the judgment of the Kerals High Court affirming on appeal and reference the companyviction of the two appellants under Section 302 Indian Penal Code and the sentence of death.
Elias went running to the place of occurrence and found the dead body of Chacko lying there.
A crab pin is like a spear.
Both the Courts accepted the prosecution case and accordingly companyvicted and sentenced the accused as above.
At about 1 p.m on that day, i.e. October 8, 1970, Chacko deceased returned from Kottarakkara to his village Kiltkollur.
Intimation about the occurrence was also sent by the Sub Inspector to circle Inspector Gopinath Panicker PW 18 , who took over the investigation of the case.
As soon as the two accused saw Chacko, John accused asked him, Have you grown so big that your wife can abuse my mother?.
Two days prior to the present occurrence, an incident took place between John accused and the children of Chacko.
Regina and her son Nelson thereupon abused Lily.
Post mortem examination on the dead body was performed by Dr. George Kurien at 11.15 a.m. on October 9, 1970.
Chacko caught hold of the crab pin whereupon Carlose accused took out a pen knife from his pocket and stabbed Chacko on his head.
The two accused were present on the road at that time.
Carlose was discharged from the hospital on October 13, 1970 and was immediately thereafter put under arrest.
Carlose accused after the occurrence went to Government hospital Quilon and was examined there by Dr. Gopinath PW 10 at 5.30 p.m. Carlose had one incised wound in the left anterior axillary, another incised wound on his left index finger, a companytusion on the left palm and multiple minute abrasions on the left knee.
Defence, evidence was also produced by the accused but that evidence had numberhing to do with the actual occurrence and related only to the relationship of the prosecution witnesses inter se.
Khanna, J. This judgment would dispose of two criminal appeals No.
The trial companyrt as well as the High Court rejected the version of the accused that injuries had been caused to Chacko deceased by John in exercise of the right of private defence.
