K.RAMASWAMY, V.RAMASWAMI, A.M.AHMADI
Mathew Alias Mathachan – Appellant
Versus
State Of Kerala – Respondent
ORDER:— The appellant has been convicted for murdering his father-in-law, Thomas alias Pappachan. The facts reveal that the appellant and his wife, P.W. 3 were not carrying on well. PW 3 had, therefore, left the appellant and was residing with her father. On October 7, 1978, at about 1.00 p.m. P. W. 3 took away her youngest child, Jiji, from the house of C.W. 4 where she was at the relevant point of time. On the appellant coming to know about the same, he went to the house of his father-in-law and a quarrel ensued. On the same day at about 6.00 p.m., while P.W. 1 and the deceased were passing by the shop of P.W.2, the appellant met them and once again there was an exchange of abuses, grappling and ultimately the appellant stabbed his father-in-law. There is no doubt that a scuffle had ensued between the two, both had fallen down and in the process the stab wounds were inflicted. The Trial Court, therefore, thought that the accused was provoked by the removal of his child, Jiji, from the residence of C.W. 4 where she was kept and on account of that provocation a quarrel had ensued between him and his father-in-law in the afternoon and later when they accidentally met at the shop of
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