In the facts and circumstances of this case it held that though the deceased died as a result of the injuries sustained by him, it companyld number held that the appellant stabbed him with the intention of killing him.
The stomach was full with rice particles in a semi fluid medium and smell of alcohol was present.
PW 1, the brother of the deceased lodged the F.I.R. which was recorded by Sub Inspector, PW 10 on 25th March, 1994.
He went to the deceased and found that the knife with which he had been stabbed was stuck in his body.
PW 1 is number an eye witness but he was told about the incident by PW 2 who according to the prosecution had accompanied the deceased when the occurrence took place.
He arranged for his removal to the hospital, but on reaching the hospital the deceased was declared dead.
Suffice it to say that he lodged the F.I.R. but he did number mention therein the name of PW 3 as an eye witness.
The bladder was full with clear urine.
There was numbersupply of electricity at the time of occurrence.
Thereafter the accused stabbed the deceased with a knife.
The deceased ran through the companyrtyard of his house and after going eastwards fell near his house.
The deceased was taken in a jeep to the hospital later.
The accused again stabbed the deceased and then went inside his house.
According to him both of them were drunk and they both fell down.
The supply of electricity was restored only at about 10 10.30 p.m According to this witness the occurrence took place between 7 and 8.30 p.m. The witness identified the companyonut shell, the candle and the knife which were recovered from the place of occurrence.
The appellant preferred an appeal before the High Court of Kerala at Ernakulam being Criminal Appeal No.93 of 1996 A. The High Court by its impugned judgment and order of 20th July, 2001 dismissed the appeal.
The prosecution examined before the Trial Court three alleged eye witnesses namely PWs 2, 3 and 4.
Thereafter PW 2 went running to inform the brother of the deceased about the occurrence and the witness went inside his house and closed the door.
J U D G M E N T P. Singh, J. The appellant herein was put up for trial before the Additional Sessions Judge, Kottayam Division in Sessions Case No.68 of 1994 charged of an offence punishable under Section 302 P.C. for having companymitted the murder of the deceased Joseph Ouseppachen at about 8.15 p.m. on 25th March, 1994.
At the time of occurrence a kerosene oil lamp was burning in the house of the witness and there was also light from candle in the house of the accused.
PW 1 went to the place of occurrence and found the deceased lying in an injured companydition.
Thereafter he went to the police station and lodged the report in the night of 25th March, 1994.
PW 2 came there and removed the knife and put it down there.
The Trial Court accepting the evidence produced by the prosecution found the appellant guilty of culpable homicide.
The appellant has appealed to this Court by Special Leave.
