The main legal point established in the judgment is the interpretation and application of the legality of arrest under Section 54(1) and Section 56(1) of the Criminal Procedure Code, and the applicability of Section 99 of the Penal Code regarding the right of private defence against an act done by a public servant acting in good faith under colour of his office.

GOVINDA MENON, J. :- The appellant in this case has been contacted for offences punishable under Sections 302 and 224, I.P.C., for intentionally or knowingly causing the death of a police constable, Govindan Nair alias Muhammad All at about 6 p.m., on from him his powers of arrest in his discretion 9-11-62 in front of the tea shop of one Muhammed examined as P.W. 7 in the case.

The accused is an old offender haying his name in the K.D. register maintained at the Palghat town police station. At the Chittoor Police Station a case crime No. 123 of 1962 was registered for house breaking and theft under Sections 457 and 380 I.P.C., and P.W. 8 a Head constable attached to that station was investigating into the case. He suspected that the 424 and AIR 1937 Bom 56 and AIR 1960 Orissa accused must have had some connection with the crime and was trying to get at him. His house had also been searched. Deceased Govindan Nair alias Muhammed Ali was a constable attached to the Chittoor Police station, but at the time of the occurrence was on leave and was living with his wife at Olavakkot. Getting information that the accused was in Olavakkot, PW. 8 asked Govindan Nair to arrest the accused and produce him at the station.

The deceased was making enquiries about the accused and on the date of the occurrence information was received that the accused had gone to the Sulkhees theatre at Olavakkot for the matinee show. So the deceased police constable waited for him at the gate of the theatre. When the accused came out after the show the deceased stopped and arrested him and wanted him to go with him to the Chittoor police station as the Sub Inspector of police wanted to question him as he was suspected in a cognizable offence. The accused submitted to the arrest and they were proceeding along the road and reached PW. 7's tea shop. The shop is on the Palghat-Olavkott road. In front of the tea shop a bench is placed for people to sit.

PW. 4 Hamsa was present near the lorry brokers' office, to the northeast of PW. 7's tea shop. He saw the accused and the police constable coming along the road, accosted 'him and accompanied them to the shop. On reaching there the accused sat on the bench in front of the tea shop and the police constable stood near him. PWs. 1 and 2 who had gone there to take tea were sitting on the bench. The deceased questioned PW. 1 to verify whether the accused was Sulaiman who was wanted by him. The accused wanted tea and the deceased asked the shopkeeper to supply tea to him. PW. 3 who was the attender in the shop served tea and a bun to the accused. After the accused had taken tea P.W. 3 asked the accused for money. The accused then stood up, put his hand in the trouser-pocket pretending to take money and suddenly took out a dagger and stabbed the police constable on his abdomen. After doing so, he ran away with the weapon. Deceased followed the accused for a little distance, but fell down. Pws. 4 and 5 followed the accused. PW. 4 returned after going a short distance. PW. 5 followed the accused for about two furlongs. When the accused turned round and threatened to kill him, he got frightened and made a hastly retreat.

The deceased was forthwith removed to the headquarters hospital, Palghat. PW. 11 the Medical Officer attached to the hospital examined him and admitted him as an inpatient. He had a penetrating wound with clean cut edges on the left side of the abdomen 1" x ½" extending up to the abdominal cavity running vertically above downwards and situated 2" above the umbilicus. On exploration it was found that there was an incised wound on the left lobe of the liver. There was a bleeding point in the surface of the adjacent diodenum and there was a tear with clean cut edge on the upper mesentery.

On intimation received from the hospital P.W. 13 the District Magistrate of Palghat reached the hospital at 7-45 p.m. and recorded the dying declaration Ex. P.9(a). The doctor was present and he has certified that the patient