IMPORTANT POINT
Murder and grievous hurt – Fatal injury inflicted by sword on chest of victim is offence of murder under Section 302 of IPC.

JUDGMENT

G. Girish, J.—The judgment dated 26.09.2018 in S.C.No.131/2015 of the Additional Sessions Court-V, Kollam is under challenge in this appeal. As per the above judgment, the learned Additional Sessions Judge convicted and sentenced the appellant for the commission of offence under Sections 324 and 302 I.P.C and Section 27 of the Arms Act. He was awarded life imprisonment and fine Rs.1,00,000/- under Section 302 I.P.C, imprisonment for one year under Section 324 I.P.C and imprisonment for three years under section 27 of the Arms Act.

2. The prosecution case is summarised as follows:

One Athira (PW2), the sister of deceased Sreejith, has been married to one Arun Krishnan. G.R (PW5), the brother of the accused herein. Sreejith, who was employed in Bombay, came to his native place by name Ivarkala two days prior to 11.02.2014 to participate in the local temple festival of Eechappally Devi Temple. He invited all the members of the family of his sister’s husband, including the accused, to his house on 11.02.2014 for taking part in the temple festival. Accordingly, Athira (PW2), her husband Arun Krishnan (PW5), the accused, the father of the accused and another relative from the family of the accused came to the house of the deceased at Ivarkala. In the evening of 11.02.2014, all the members of the family of the deceased and the guests, except the accused, went to the temple to see the monumental display (Matter in other Language). All of them except the deceased and his friends returned to the house by 7:00 p.m. The guests from the house of Athira’s husband, except the accused, returned to their house at Melila after having dinner from the house of the deceased. After the return of the deceased and his friends from the temple, an altercation occurred between the deceased and the accused, that night. As per the first information statement, the issue was in connection with the demand of the accused to have food late at night. However, as per the evidence adduced, the quarrel arose when the deceased asked the accused the reason for not marrying, and the accused replied that all women including the sister of the deceased are not good. The accused was then beaten up by the deceased twice. The accused, in turn, had broken the chairs and smashed the window glass panes of the house of the deceased. At the intervention of the father of the deceased and others, the accused and deceased were set apart. The deceased telephoned his sister and brother-in-law and asked them to take back the accused immediately. As requested by the sister and brother-in-law, the deceased and his father along with two friends of the deceased took the accused in an autorickshaw to Melila. While the father of the deceased and two friends of the deceased accompanied the accused in the autorickshaw, the deceased and another friend followed them in a motorbike. Though they met the brother of the accused (PW5) who came in his car, in the midway, the accused refused to board the above car and hence the party from Ivarkala continued their journey in the autorickshaw and motorbike to the house of the accused at Melila. Immediately after reaching the house of the accused at Melila, the accused rushed to his room, changed his dress and returned with a sheathed sword and inflicted blows upon the father of the deceased. Hearing the screams of Athira (PW2), the deceased who was standing at the gate of the house rushed to the sitout of the house. Thereupon, the accused unsheathed the sword and stabbed the deceased upon his left chest resulting in his fall to the sitout with a deep penetrating wound which pierced his lungs. The deceased Sreejith was taken to Vijaya Hospital, Kottarakkara, but he could not be admitted there for want of ventilator facilities. He was then taken to Lotus Hospital, Kottarakkara by about 3.55 a.m. on 12.02.2014, but he breathed his last by that time as a consequence of the deadly stab injury sustained at the hands of the accused.

3. On the basis o