There are four eye witnesses to the occurrence, namely, R. Rajan P.W. 2 , P. Balakrishna Pillai P.W. 3 , Balkrishnan Pillai P.W. 4 and Valayudhan Pillai P.W. 6 , Dr. V. Bhaskaran P.W. 5 held the postmortem examination on 22nd July, 1972 and found 18 incised antemortem injuries and an abrasion on the forehead.
Prior to the occurrence there was a quarrel between them over the theft of a washpot used for manufacture of alcohol belonging to the deceased.
including its handle and having the edge portion of the blade broken.
on the lower part of the neck.
The blade portion has a length of 15 cm.
and 5 cm.
She remained by the side of the dead body throughout the night and next morning she informed the police at Vidura Police Station which is 9 kilometers away from the place of occurrence.
below the wound No.
Meanwhile the wife of the deceased, N. Salomi P.W. 1 , was informed by some body about the occurrence and she came running to the spot when she saw the appellant standing by the side of her husband holding the blood stained chopper in his hand and then the appellant and his son ran away from the spot the former carrying the chopper in his hand.
When they accosted each other, the appellant asked the deceased whether he would companytinue to abuse him as before.
The appellant, who was accompanied by his son, ran away from the spot with the blood stained chopper.
The 7th injury is also a transversely gaping incised wound 12 x 4 x 4 1/2 cm.,
According to him after sustaining the injuries the injured must have died within ten or fifteen minutes.
Both the appellant and the deceased were residents by the side of the Kallar market.
The deceased died on the spot.
According to the Doctor, injury Nos.
They quarrelled on 19th July, 1972 as well as on the next day in the afternoon at about 7.00 P.M. The deceased was companying along the road from numberth to south at Kallar and the appellant with his son since acquitted by the trial companyrt were companying from the opposite direction.
On questioning him the appellant told the Circle Inspector P.W. 10 that the chopper and his cloth and shirt had been kept by him in the crevice of a marotti tree on the southern side of the bridge.
The 6th injury is another inciced transverse gaping wound, 11x 4 x 4 cm.,
The appellant was carrying a chopper in his hand M.O.I .
P.W. 1 found that her husband had already died.
The appellant who was taken there took out and produced before P.W. 10 the chopper and his cloth and shirt and a mahzar Ext.
P 14 was prepared by the officer in the presence of witnesses.
This has to be particularly numbered because some point was made by the learned Counsel for the appellant appearing as amicus curiae that since the blade of the chopper was blunt these incised wounds companyld number have been caused with it.
The appellant after that proceeded towards the south along the road but immediately returned with the chopper in his hand and again cut the deceased on his legs and thighs five or six times although at that time the deceased was lying on the ground.
The appellant then gave a cut blow to the deceased on the left side of his neck and other parts of the head in quick succession and the deceased fell down at the spot.
The appellant surrendered at the Vidura Police Station on 27th July, 1972 and P.W. 10 took him to custody.
The Police Inspector P.W. 10 recorded the first information report at 9.30 A.M. on the following morning of the occurrence and a case was registered against the appellant and his son.
3 which is another gaping wound on the left ear lobe.
P.14 that the chopper is one having an iron hook at the end of its handle, having a wooden handle, having a length of 37 cm.
on the left side of the neck.
and the head portion of the blade has a width of 10 cm.
It is mentioned in Ext.
The appellant and the deceased, Krishnan Nadar, were engaged in illicit manufacture of arrack.
K. Goswami, J. The appellant, Kesavan Velayudha Panicker, aged 57 was companyvicted under Section 302, I.P.C, and the sentence of death passed upon him was companyfirmed by the High Court of Kerala.
After investigation both the appellant and his son were charge sheeted and companymitted for trial before the Sessions Judge who acquitted the son and companyvicted the appellant as stated above.
The 4th injury is an incised transverse gaping wound at the upper part of left side of the nack 9 x 3 x 2 1/2 cm.,
