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SUPREME COURT OF INDIA

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PETITIONER:

A.M. KUNHIKOYA @ KOYA

Vs.

RESPONDENT:

STATE OF KERALA

DATE OF JUDGMENT26/03/1993

BENCH:

SINGH N.P. (J)

BENCH:

SINGH N.P. (J)

ANAND, A.S. (J)

CITATION:

1993 SCR (2) 692 1993 SCC Supl. (3) 641

JT 1993 (3) 573 1993 SCALE (2)275

ACT:

Indian Penal Code--Sections 148, 149, 302, 304 Part II and

323--Appellant--Taking into account evidence of PWs and

circumstances of case--Held appellant had knowledge that

injury was likely to cause death--No intention to cause

death of victim.

HEADNOTE:

The appellant along with others was tried for offences under

Section 302 read with Sections 148, 149 and 323 of the

Indian Penal Code.

The case of the prosecution was that on 16.9.80 Mammed Kutty

at 6.00 a.m. in the morning pelted stones at the house of

the deceased. At about 12.00 noon while Mammed Kutty and

his brother Abdulla Kutty were passing in front of the house

of the deceased, a protest was made by the deceased in

respect of the morning incident which was denied.

At about 2.00 p.m. when the deceased was sitting with his

wife (PW 4) and others on the varandah