IMPORTANT POINTS
The accepted test of insanity, malice, deliberation and premeditation would prove that the accused is guilty of murder and he did the occurrence with deliberate and premeditated malice on account of an on-going contractual dispute--The appellant was carrying MO1 dagger from the beginning with an intention to cause the death of the deceased. Since the injuries were caused in such a brutal manner, there is no scope for discussing the case from the point of having committed the offence due to grave and sudden provocation on account of mental aberration on the part of the accused.

JUDGMENT :

N.ANIL KUMAR, J.

This appeal is directed against the judgment in S.C.No.5/2015 dated 31.12.2015, passed by the court of Additional Sessions Judge, Pala, for the offences punishable under Sections 449, 302 and 307 of the Indian Penal Code, 1860 (for short 'the IPC'), convicting and sentencing the appellant/accused for the aforesaid offences under various spells including life imprisonment under Section 302 IPC. The appellant assails his conviction and sentence passed by the trial court for the aforesaid offences, rejecting his defence that the investigating officers have manipulated the entire case out of sheer anxiety to punish the appellant/accused.

2. The prosecution case in brief is as hereunder:-

The deceased Joseph.J.Njavallil was a businessman and an agriculturist. He was residing along with his wife and two children in House No.507 in Ward No.9 of Thidanadu Grama Panchayat. The deceased had entered into an agreement with the accused for slaughter tapping in respect of 1500 rubber trees standing in his estate for an amount of Rs.1,50,00,000/-. The agreement period was three years starting from December, 2012. Initially, the accused had paid an amount of Rs.60,00,000/-as advance. Later, due to unforeseen circumstances, some rubber trees had fallen down and the price of latex had come down sharply in the world market. The accused had nursed a feeling that the fall in the price of latex and the destruction of the rubber trees due to rough wind would render the contract impossible to perform. Thereupon, a mediation talk and a new agreement was executed on 07.06.2013. Still, the accused had a feeling that the contract would cause total loss to him. Out of this frustration, the accused came to the house of the deceased on his motorcycle bearing registration No.KL/05-1053 at 9.30 am on 16.04.2014. Thereafter, he had committed criminal house trespass and called the deceased to come outside near the car porch of the house. A wordy altercation took place between the accused and the deceased. Feeling agitated, the accused stabbed the victim with MO1 dagger which he had kept in his loin. The accused had stabbed on the left side of the chest of the deceased and on the back twice, causing grievous injuries to the deceased. When the wife and children of the deceased along with one of his workers went to rescue the deceased, the accused stabbed them. The accused stabbed on the left side of the chest of PW2-Appu Jose and caused grievous hurt to him. The accused also stabbed PW7-Rijo on the left part of his chest, on the left hand muscle and on the left forearm. When PW3-Usha, the wife of the victim went to his rescue, the accused stabbed on the left side of her chest causing grievous injuries. When PW4-Biju went to the rescue of the deceased, the accused stabbed him with MO1.

Thereafter, the accused dragged the deceased to the courtyard and inflicted stab injury on the left side of his chest and ensured his death. The accused had attempted to murder PW2-Appu Jose, PW3-Usha, PW4-Biju and PW7-Rijo during the very same transaction.

3. PW1 lodged Ext.P1 First Information Statement before PW30 the Sub Inspector of Police, Thidanadu Police Station. He is an eye witness to the occurrence. Consequent to Ext.P1 FIS, PW30 registered Ext.P43 First Information Report as Crime No.220/2014 for the offences punishable under Sections 302, 354, 447 and 324 of IPC.

4. PW31-the Circle Inspector of Police, Erattupetta took over the investigation of the case on 16.4.2014 itself. PW31 conducted inquest on the body of the deceased at 11.45 am and prepared Ext.P3 inquest report in which PW5 is a signatory. Column No11 is pertaining to the apparent cause of death. PW31 noted that the victim died as a result of the stab injuries on his chest. As part of the inquest, PW31 removed the clothes of the deceased and seized MO12 from the body of the deceased. He prepared Ext.P5 scene mahazar in which PW11 is a signatory. PW31 seized MO1 dagger, MO14 knife, MO15-the