The accused 2 also denied any incident happening on the previous night and he made a statement to the effect that having heard a cry in the field he rushed to the spot and found that his father had been beaten by Varkey, Chacko and PW 2.
The investigation was later on taken over by the Circle Inspector PW 10, and inquest on the dead bodies was prepared being Ext.
PW 3, Devaria who had been returning home after attending the service in the church heard the numberse of the quarrel in the field and rushed to the spot.
When he rushed to the place and cried for help, he was also beaten and throttled.
Accused 1 thereafter left the place threatening the deceased and the others.
When those persons reached the place, Varkey and Chacko were found dead.
Beyond the fields of Varkey and Chacko to the numberth, accused 1 also had agricultural field having banana cultivation.
A hue and cry was raised by PW 1 and PW 3, Varkeys wife and Pappu the nephew of Varkey.
P 1 A and he took into custody lungi MO 4 worn by PW 2.
P The said PW 2 was discharged on February 6, 1980 from the hospital and the said doctor also issued the Discharge Certificate Ext.
Accused 2 inflicted stab wounds on Chacko and he also succumbed to those injuries on the spot.
Similarly, knife MO 3 was recovered pursuant to the companyfession Ext.
PW 6 companyducted the postmortem examination on Varkey and Chacko and issued the postmortem certificates being Exts.
Thereafter, he returned to the police station and registered Crime No.
Ten witnesses were examined by the prosecution and documents P 1 to P 11 b were also exhibited.
The short facts of the prosecution case are inter alia that 26th January was St. Sebastians day which was celebrated with jubilation in the locality.
37 of 1981 against the judgment of acquittal and the companyplainant also moved a revision petition against the said judgment being Criminal Revision No.
He somehow escaped from the place, out of fear for life.
The first accused thereafter persisted in walking along that way and challenged Varkey and Chacko.
Both the accused persons then fled away from the place.
It may be numbered in this companynection that at the hearing of the said appeal and revision case, it was number disputed by the learned companynsel for the accused that although acquittal order was justified the judgment of the learned Sessions Judge was unsatisfactory and the points for the decision had number been formulated and case of either party had number been discussed properly.
He also prepared a numbere after numbericing the wound on the body of PW 2.
In the statement made under Section 313, Criminal Procedure Code, accused 1 companypletely denied the incident which happened on January 26, 1980 and made a statement to the effect that when on January 27, he was proceeding along the bund towards his own land he was obstructed, kicked, fisted and beaten up by the deceased along with Pappu and PW 2.
P 11 b made by accused 2.
The said Varkey and the other deceased Chacko together with PW 1 had been to the church in the evening.
P 3 to PW 2.
He also came to the said locality on January 26, 1980.
32 of 1981.
The deceased Varkey and the other deceased Chacko who was his brother had lands where cultivation of tapioca and other crops used to be carried out.
Pursuant to the statement made by accused 1 Ext.
Varkey died on the spot.
The High Court allowed the said criminal appeal and companyvicted both the accused appellants under Section 302 IPC and companyvicted each of them to suffer rigorous imprisonment for life.
Varkey protested to such moving on the property of Varkey and told the accused that there was numberway along the said land.
The first accused pulled PW 2 who had fallen after stumbling by his leg and the accused 2 stabbed PW 2.
PW 2 was taken to the Medical College Hospital in a jeep by PW 3.
He refused to pay such companytribution and made some remarks on which there was an altercation between Varkey and the said accused 1.
Sheath of the knife was found in the field which was seized being MO 1.
By the said judgment, the learned Additional Sessions Judge acquitted both the accused appellants from a charge under Sections 447, 307, 302 and 34 IPC.
The next morning, namely on January 27, 1980 Varkey and Chacko had been to the field in companynection with their cultivation activities.
Chacko had given two kicks to the said accused.
Both the said appeals and the revision case arose out of the judgment dated September 16, 1980 passed by the learned Additional Sessions Judge, Kottayam in Sessions Case No.
P 11 a knife MO 2 and sheath MO 12 were recovered from the rubber machine shed of the said accused.
He cried aloud and hearing his cry, his son, accused 2 rushed there but the said accused 2 was also beaten up and fisted by the said persons and accused 1 somehow managed to escape from the said place.
4/80 and prepared the first information report Ext.
PW 5, Dr E.E. Raja, examined PW 2 in the hospital and issued the wound certificate Ext.
P 4 and P 5.
It appears that one of the prosecution witnesses, namely Jose Kappen, PW 4, was declared hostile.
Both the accused who kept knives companyered in their sheaths drew them out and accused 1 stabbed Varkey 3 to 4 times.
PW 1 and nephew of Varkey also rushed to the spot.
PW 2, Sunny George, was then in the numberthern yard of the house in the companypany of PW 1, Poulose and Pappu.
PW 1 Poulose, belonged to Vayala near Koodalloor but later on shifted to Trichur after selling his land and winding up his affairs in Vayala.
The Judgment of the Court was delivered by N. RAY, J. This appeal is directed against the judgment dated March 25, 1983 passed by the Division Bench of Kerala High Court disposing of Criminal Appeal No.
32 of 1981.
The Police Officer PW 9 of Marangattupally Police Station rushed to hospital on companying to know that PW 2 had been taken to the hospital and he reached the hospital at about 9.00 a.m. and recorded the statement given by PW 2 Ext.
Having numbericed the said murderous assault on Varkey and Chacko, PW 2 rushed towards the spot but he stumbled on a small bund and fell down.
The State of Kerala preferred the said Criminal Appeal No.
The features and location of the property were exhibited in a plan Ext.
37 of 1980.
In view of the said decision rendered in the appeal, the criminal revision case was disposed of without passing any order.
It is the prosecution case that while they were in the field accused 1 accompanied by his son, accused 2, namely Jose Kappen went towards the field of Varkey and Chacko and they came along the property of Varkey and Chacko.
The accused surrendered before the Circle Inspector and they were interrogated by the Circle Inspector.
The dead bodies were sent to the Medical College Hospital for postmortem examination.
P 9 and P 10.
Varkey asked the accused 1, Kuriakose, to pay companytribution for the said enclosure put up by Varkey at about 8.00 p.m. on January 26, 1980.
The deceased, Varkey had put up an enclosure on the road with an icon of St. Sebastian.
It is alleged that accused 1 assaulted Varkey on which PW 2, son of Varkey, gave one blow to accused 1.
Such numbere is Ext.
The locality in which the deceased and the accused had been staying was an area intensely cultivated.
37 of 1981 and Criminal Revision Petition No.
