B.M.THULASIDAS, P.V.NARAYANAN NAMBIAR
Mathachan – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
B.M. Thulasidas, J. - The appellant stands convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He was alleged to have stabbed to death one Join alias Thambi on 1-10-1989 at about 800 p.m. from near the Arrack shop of PW-3, whom he was alleged to haw abused following his refusal to give arrack on credit that the deceased heard as he came there and tried to reason with him to sent him away. The first information statement, Ext. P-1 was given by PW-1 ,an eye witness, to P.W. 9, on the basis of which Crime No. 154 of 1989 of Rajapuram Police Station was registered. P.W. 10 investigated the case. He held inquest from the mortuary of the Government hospital, Kanhangad on 2-10-1989 and as t per Ext. P-7 report h8 recovered M.O. 12 to M.O. 16. As per Ext. P-2 scene mahazar, M Os. 1 to 11 were seized. Post-mortem was conducted by PW-6, who issued Ext. P-4 certificate. The deceased had (antemortem)
"An incised wound eliptical in shape 4 cm x 2 cm obliquely placed on the front of the right side of chest. It is 6 cm below the right Stemoclavicular joint and 4 cm to the right of the mid-line, upper end of the wound is slightly rounded co
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