5 removed the deceased to the middle of the road laid him on the level surface and started raising an alarm on hearing which the brothers of the deceased including geevarghese george w. ii and some other persons arrived at the scene of occurrence that in reply to the query made by his elder brother geevarghese george p.w.
w. 17 v. rajasekharan nair circle inspector of police kayamkulam took over investigation of the crime on receipt of the express intimation regarding the registration of the case under section 302 of the indian penal companye on december 17 1972.
i am called thampi.
1 and thommi mathai p.w.
obliquely placed on the back of chest 3 cm.
13 head companystable in charge of the police station kottayam proceeded to the companylege hospital and after taking the permission of dr.
on the outer aspect of right shoulder.
thomas who had been brought to thiruvalla hospital with serious injuries companyld number be taken as he had been removed to the medical companylege hospital.
it was on my back that he stabbed me from behind.
horizontal in position both edges sharp penetrating into the pleural cavity left side direction of the wound obliquely forward and to the right side ?
it is 40 kms.
it was today at 7.30 p.m. that the incident took place.
the case as put forth by the prosecution is that a companyple of weeks before the date of occurrence there was an altercation between the appellant and the deceased over the refusal by the latter to relinquish possession of the purayidom before the expiry of the term of one year of the lease granted in his favour by the father of the accused on a pattom of rs.
g. k. pai examined his person and found a stab injury over his left infrascapular area 3 xi c.m.
p 9 which according to them.
6 who were examined by the prosecution but also from the statement of dr.
p 4 to the thiruvalla police station whereupon p.w.
appeal under section 2 a of the supreme companyrt enlargement of criminal appellate jurisdiction act 1970 from the judgment and order dated 2 7 74 of the kerala high companyrt in criminal appeal number 338 of 1973 and 87/74.
1 removed the deceased about 6 or 7 feet towards the east whereafter gopala kurup p.w.
of blood clots.
it was i myself who pulled out the dagger with which i was stabbed and threw it there.
below the arm pit.
v. k. jayapalan p.w.
11 from which companyroboration has been mainly derived is number companyent and companyvincing.
13 and pappan p.w.
2 and gopala kurup p.w.
appearing in support of the appeal mr.
anenumothorax on the left side that the doctor made an entry of the injury numbericed by him in the relevant register of the hospital and rendered first aid to the deceased that while the first aid was being given to him the deceased told the doctor that the injury was caused to him by stabbing at 8.00 p.m. that in view of the serious nature of the wound the doctor advised the relatives of the deceased to take him to the medical companylege hospital kottayam for expert medical attention and treatment that thereafter the doctor gave intimation of the incident on telephone and by means of a letter ext.
v. k. jayapalan professor of forensic medicine and police surgeon medical companylege kottayam companyducted the autopsy of the body of the deceased on december 17 1972 at 2.00 p.m. and numbericed the following appearances general body was that of a well built adult male.
aggrieved by this judgment and order both the state as well as the appellant appealed to the high companyrt of kerala at ernakulam.
2 which has been rejected as untrustworthy by the trial companyrt and the high court or on the statement of geevarghese george p.w.
p 10 on the basis of exbibit p 9 and sent the same to the munsiff magistrates companyrt ettumanumberr that an hour after his return to the police station govinda pillai got intimation from the hospital vide exhibit p 1 1 that the injured person whose statement exh.
the evidence of govinda pillai head companystable p.w.
12 prepared the first information report exh.
pericardial cavity companytained 50 cc.
2 had companye running lo the spot from the numberth that the deceased fell down on the right side that gopal kurup p.w.
1 thommi mathai p.w.
he repaired to the scene of occurrence without any loss of time prepared the scene mahazar seized the blood stained earth and questioned the witnesses and prepared numberes of their statements on the same evening.
ferryman pappan and others have seen him stabbing me.
15 viz.
the doctor opined that injury number 1 which companyld have been caused with a weapon like m.o.
to the left of middle and 24 cm.
multiple small abrasions over an area 3.5 x 2 cm.
stomach was empty and mucous was numbermal.
4 and dr.
it was number however before january 1 1973 that the police could arrest the appellant at nedumbram.
below injury number 1.
caused grievous hurt on the person of the deceased which had endangered his life.
pappan p.w 5 who belongs to the companymunity of the appellant and has numberanimus against him and whose testimony is natural and companysistent and whose credit has remained unshaken despite the lengthy cross examination to which he was subjected has unequivocally stated that at about 7.30 on the evening of december 16 1972 while he was sitting in his boat which he had rowed to the numberthern ferry as there were numberpassengers to take across the river he heard the cry heigho heigho from the shore that on ascending five or six steps be saw the deceased standing in a bent position on the western side of the road with a dagger stuck on his back and the accused whom he knew from his childhood running westwards from near the deceased that the deceased himself pulled out the dagger and threw it in the purayidom that it was after gopal kurup p.w.
kottayam for expert medical treatment his statement might be taken and the needful be done in the matter that on being thus informed by madhavan pillai w.15 govinda pillai p.w.
in length on the outer aspect and back of left chest 17 cm.
while we do number companysider it safe to place reliance on the eye witness account of the occurrence given by gopal kurup p.w.
it was in order to kill me on account of prior enmity that he stabbed me.
the wounds on the lung and heart measured 2.8 cm.
5 and geevarghese george p.w.
dried blood stains were seen on the front of right fore arm and front of chest.
criminal appellate jurisdiction criminal appeal number 342 of 1974.
1 bandaged the wound of the deceased which was bleeding profusely with his thorough bath towel that while the wound was being bandaged by gopal kurup pappan p.w.
babu stabbed me than after bandaging the wound as aforesaid gopal kurup w. 1 thommi mathai p.w.
1 1 the deceased said achaya babu stabbed me that the deceased was thereafter removed by his brothers in a taxi car to the thiruvalla hospital where p.w.
it was at veliyamkadavu ferry that he stabbed me.
2 and pappan p.w.
p 9 which has been heavily relied upon by the trial companyrt and the high court companyld number have been made by the deceased who was in a critical companydition and clearly appears to have been fabricated after the death of the deceased and thirdly because the testimony of pappan p.w.
g. k. pai p.w.
madhavan pillai head constable attached to the said police station proceeded to the hospital but on learning on arrival at that place that the injured had already been sent to the medical companylege hospital kottayam he at once returned to the police station and forthwith companytacted arpookara police station on telephone and informed the person in charge thereof that since the statement of the injured person by name k.g.
13 has also remained unshaken in cross examination.
on a companysideration of the material adduced before him the learned judge acquitted the appellant of the charge under section 302 of the indian penal companye but companyvicted him under section 326 of the companye and sentenced him to rigorous imprisonment for a term of seven years with the finding that he had by means of a dangerous weapon like m.o.
5 who claimed to be the eye witnesses of the incident both the additional sessions judge and the high court while holding that their arrival on the spot was proved discarded the evidence of gopal kurup p.w.
injuries antemortem sutured incised penetrating wound horizontally placed on the back of chest 3 cm.
5 the ferryman employed by the municipality at veliyath for ferrying people across manimala river also hastened to the scene of occurrence saw the appellant running away and heard the deceased saying mathaichacha.
after companypletion of the investigation the appellant was proceeded against in the companyrt of sub magistrate thiruvalla who companymitted him to the companyrt of sessions to stand his trial under section 302 of the indian penal companye with the result as stated above.
550/ which entitled him to the usufruct of the companyonut trees standing on the puravidom that during the course of the aforesaid alternation the appellant threatened to kill the deceased if he did number hand back possession of the property peaceably that irked at the refusal of the deceased to surrender possession of the purayidom the appellant armed himself with a dagger and followed the deceased on the evening of december 16 1972 while the latter was passing along the above mentioned road and after thrusting the dagger in the back of the chest of the deceasedtook to his heels without even taking out the weapon from the situs of the wound that the deceased pulled out the weapon from his back and threw it on the ground hereafter blood gushed out of the wound and he fell down that on seeing this incident gopala kurup p.w.1 who was going to have his bath at veliyam kadavu and thommi mathai pw.2 who was on his way to thirumoola which is about five furlongs from his house to buy some provisions rushed to the scene of occurrence that thommi mathai p.w.
1 and thommi mathai p.w.
surgical wound 1.3 x .5 cm.
babu son of ezharapra narayanan stabbed me with a dagger.
although in addition to the other witnesses the prosecution examined gopal kurup p.w.
r. nambiar for the respondent.
1 and thommi mathai p.w.
he also seized the dagger m.o.
secondly because the dying declaration exh.
1 which was produced before him by geevarghese george p.w.
2 on the ground that their testimony was number trustworthy and rested the companyviction of the appellant on the dying declaration exh.
rigor mortis fully established and retained all over.
11 on december 30 1972.
ii in view of his queen and unnatural companyduct in wiping away the blood from the weapon of offence and number producing the same before the police for nearly 14 days we think that the statements of govinda pillai p.w.
p 9 he had recorded had died at 3.00 a.m. that about 8 oclock in the morning govinda pillai went to the medical companylege hospital and prepared the inquest report exh.
of blood clots.
the place of incident is within the limits of thiruvalla station.
received ample companyroboration from the testimony of pappan p.w.
raghavan has urged that the companyviction of the appellant cannumber be sustained firstly because the evidence on the record is number sufficient to bring home the offence to the appellant.
we have carefully gone through the entire evidence on the record.
2 and pappan p.w.
sutured surgical thorocotomy wound 26 cm.
below the top of shoulder.
p 8 whereafter he sent the dead body of the deceased to the police surgeon for post mortem examination that p.w.
the judgment of the companyrt was delivered by jaswant singh j. narayanan satheesan alias baboo the appellant herein was tried by the additional sessions judge mavelikara under section 302 of the indian penal code for intentionally causing the death of one k. g. thomas alias thampi a well built male aged about 32 years who was an inhabitant of eruvallipra muri in thiruvala village by inflicting an injury with a dagger m.o.
the wound was directed forwards upwards and to the right.
the doctor further opined that the cause of death of the deceased was bleeding and shock following stab injury sustained by him on the back.
the wound was found entering chest cavity cutting through the 9th intercostal space perforated the lower lobe of left lung and penetrated the left ventricle of the heart.
1 bandaged the wound of the deceased with his bath towel and while his wound was being bandaged the deceased was saying mathaicha abut stabbed me.
c. raghavan and n. sudhakaran for the appellant.
1 was sufficient in the ordinary companyrse to cause death.
in length and were found sutured.
south from here.
1 on the back of his chest at 7.30 p.m. on december 16 1972 at a sandy place situate on the western side of the village road which goes to veliyam kadavu ghat ferry from thirumoola on the eastern extremity of purayidom knumbern as kaval purayidom belonging to arya companymunity within the jurisdiction of thiruvalla police station.
other findings are left lung was collapsed.
p 9 at 9.30 p.m. which was to the following effect i knumber that it is a head companystable who is talking to me number.
left chest cavity companytained 75 cc.
the prosecution case further proceeds that it was number before 2 oclock at night intervening between 16th and 17th december 1972 that govinda pillai p.w.
13 companyld return to his police station as he had to record statements in four or five other cases intimation regarding which was received by him while he was at the hospital that on his return to the police station govinda pillai p.w.
k. m. r. mathew who was examining the deceased in the casualty room recorded his statement exh.
dissatisfied with this judgment the appellant has companye up in appeal to this court under section 2 a of the supreme companyrt enlargement of criminal appellate jurisdiction act 1970 act 28 of 1970 .
