The State of Kerala filed the appeal to the High Court and the said criminal appeal was allowed by the High Court vide its impugned judgment.
Chalil Krishnan PW 1 then proceeded to Kasaragod police station and made a report to the head companystable on duty PW 13 .
After companypleting the necessary investigation, a charge sheet was submitted against the appellant for an offence punishable under Section 302 of the Indian Penal Code.
The case was then transferred to Bakel police station in whose jurisdiction the incident had taken place.
Formal witnesses to prove various panchanmas were also examined by the prosecution.
P11 came to be recorded at 9.00 p.m. which was forwarded to the Magistrate at about 10.00 p.m. After holding the inquest on the dead body of Madhavan, it was forwarded to the civil hospital for post mortem examination.
On this day, a Thaiyyam a village ballet was arranged by Madhavan in the evening and for that purpose, he needed a petromax which was available in the shop of the appellant.
In addition to this ocular evidence, the prosecution examined Dr. George Mathew PW 10 to prove the post mortem examination report and the cause of death.
A lorry was hired to carry Madhavan to the hospital but on the way it broke down.
Briefly state the prosecution case is as under The incident in question took place at about 8.00 p.m. on May 19, 1988 at Kattapunna.
The appellant again tried to inflict one more blow which landed on right cheek of Madhavan who thereafter fell down on the ground.
Earlier in the day, brother of Madhavan had also gone to the shop of the appellant and requested him to give him two benches to celebrate the said festival.
It is this judgment and order of the High Court which is sought to be challenged in this criminal appeal.
Madhavan had gone to the shop of the appellant and requested him to give a lighted petromax.
The State of Kerala preferred the criminal appeal to the High Court which was allowed and the appellant stood companyvicted under Section 302 of the Indian Penal Code.
The appellant who was then sitting on a stool picked up a pair of scissors M.O.2 lying on the table in front of him and caused a stab injury on the right side of the chest of Madhavan.
The appellant denied the accusations levelled against him and pleaded that he is innocent.
Learned Sessions Judge after the companyclusion of the trial by his judgment and order dated May 9, 1989, found the accused number guilty and companysequently passed the order of acquittal.
The First Information Report Ex.
He, therefore, pleaded that he had companymitted numberoffence and he be acquitted.
He further pleaded that Madhavan was the aggressor and infact in that scuffle, at the instance of Madhavan he sustained an injury on his head.
The prosecution in order to bring home the guilt of the accused examined as many as six witnesses of facts who were W.1 to P.W.6.
When Madhavan had gone to the shop of the appellant with a request to give him a lighted petromax and on the latters refusal, there were exchange of words which was followed by a scuffle.
Chalil Krishnan PW 1 who happened to be in the shop intervened and separated them A. Narayanan PW 6 who runs a tea shop near the shop of the accused also reached the place of incident and held Madhavan with a view to take him away.
The appellant refused to oblige.
J. This criminal appeal is file by the appellant accused impinging the judgment and order of the High Court of Kerala dated January 19, 1993, whereby the appellant was companyvicted and sentenced to suffer imprisonment for life for companymitting the murder of Madhavan.
P. KURDUKAR.
The trial companyrt at the companyclusion of the trial found the appellant number guilty and acquitted him.
