The two appellants harboured feelings of animosity against the deceased Janardhana Kurup, who was irrigating his field at 8.30 p. m. on 8th December, 1975.
After Janardhana Kurup was taken home, he was removed to the hospital attached to the Medical College at Trivandrum where he told Dr. Sivaprasad P.W. 10 that Sree Kumar stabbed while at the door of the house with some weapon.
2 the father had companypletely embraced the deceased but at the trial all that the witnesses said was that the father had held the deceased by his hands.
The two appellants absconded after the occurrence and were number traceable for a month.
1 the son at the investigation stage.
In Ex P. 1, Kuttun Pillai P.W. 1 took the position that appellant No.
The intestines were protruding out of the wound last mentioned which was sufficient in the ordinary companyrse of nature to cause death.
The occurrence was witnessed by Kuttan Pillai P.W. 1 and Vijayan P.W. 2 who is a son of the deceased.
Janardhana Kurup expired at 9.45 on 9th December, 1975.
The doctor found Janardhana Kurup to have suffered an incised wound measuring 4 cms x 2 cms on the left side of the chest pear the axilla, another small incised wound in line therewith and a stab wound having the dimension 3 cms x 2 cms in the abdomen.
The prosecution case may be stated thus.
The evidence relied on by the prosecution mainly companysisted of the ocular version of the occurrence given by Kuttan Pillai P.W. 1 and Vijayan P.W. 2 , the companyroboration of the testimony of the former by the companytents of first information report Ex P. 1, the dying declaration made by the deceased to Dr. Sivaprasad P.W. 10 , the medical evidence and the circumstance that the accused were number available to the Police for more than a month after the ocurrence.
The father remonstrated with the deceased accusing the latter of diverting irrigation water from the field of the appellants and caught hold of the deceased from his hands while the son whipped out a knife and gave three blows therewith to the unfortunate victim before the two assailants made good their escape.
The deceased was irrigating his field when the two appellants who are father and son to each other arrived there.
