The main legal point established in the judgment is the reliance on credible eyewitness testimony to prove the guilt of the accused in a murder case.

P. Govinda Menon, J.

1. Appellant Velayudhan stands convicted by the Additional Sessions Judge, Trichur for an offence under section 302 I.P.C. and he has been sentenced to suffer rigorous imprisonment for life. Deceased Kittu Master owned a coconut garden by name " Edachali Parambu " in Edavilangu village. There were two ulkudi tenants in that property. P.W. 10, Andi is living in one of the houses with his wife and an unmarried daughter P.W. 3. The accused is said to be in terms of illicit intimacy with her. On the eastern side of the compound lives P.W. 5 Abdulrahiman. Some time before the occurrence when the deceased had gone to pick coconuts from the paramba he found that from one or two trees in the western side of the property two bunches of coconuts were missing. Every time the coconuts are picked the kudikidappukars were each given seven coconuts as ' purathenga'. Because of the theft the deceased stopped giving P.W. 10 his quota of coconuts. Deceased assessed the damage for the coconuts stolen at Rs. 25, out of which Rs. 10 was paid by P.W. 10 then and there and he promissed to pay the balance later. Deceased insisted that unless and until the balance amount was also paid no coconuts would be given.

2. On 28th February 1965 i.e., on the date of the occurrence the deceased along with his nephew P.W. 1 and the tree-climbers went over to the property to pick the nuts. P.W. 3 had gone and given information to the accused who had promised earlier to see that she was given her share. By about 1 or 1-30 p.m. the accused reached P.W. 3's house. Deceased and his coolies reached the place at about two O'clock and started plucking nuts and the nuts were collected and heaped in the courtyard of P.W. 3's house. She then took the usual seven coconuts out of the coconuts gathered. Deceased objected to this and asked her to put them back and when she hesitated pushed her by her shoulder. Seeing this the accused came out of the house and asked the deceased why he was assaulting women-folk. Deceased replied that it was a matter between him and P.W. 3 and it was none of his business to be there and interfere. P.W-1 and others tried to dissuade the accused, but he abused and threatened them. Then the accused suddenly went inside P. W-3's house and came out with a chopper. P.W. 1 and the climbers wrested the chopper from him and put it away. The accused again went inside and from under the caves took out M.O- 2 sickle. P.W- 1 and others were able to wrest the sickle also. When the accused again went inside the house, the deceased, P.W. 1 and others proceeded towards the eastern side of the paramba to complete the plucking of coconuts. By that time, accused came rushing up to the place with a rice pounder M.O. 1 in his hand. Seeing this P.W. 5 called out that the accused was coming. Deceased turned back when the accused struck a blow with M.O- 1 on his head. He fell down and became unconscious. He was removed to his brother's house nearby. P.W. 1 then went to the Cranganore police station and gave the first information statement Ex. P-1 on which a case was registered. The injured was taken to the hospital where P.W. 14 examined him. Suspecting fracture an X-ray photograph was taken which revealed a depressed fracture of the skull. The injured was then sent to the District Hospital, Trichur for better treatment. P.W. 15 conducted an operation on the deceased. While under treatment he succumbed to his injuries on 7th March 1965.

On intimation received the Head Constable of the town police station went to the hospital and held the inquest. After the inquest P.W. 17 the doctor conducted the autopsy. In the meanwhile after registering the case, P.W. 22 the Head Constable had proceeded to the scene. He questioned the witnesses. The accused was not available and was in hiding. He was arrested at Madras on 14th March 1965. After completing the investigation the accused was charge sheeted. The plea of the accused was one of complete denial.

3.