{"id":185450,"date":"2007-03-30T00:00:00","date_gmt":"2007-03-29T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/viswakumar-kuttappi-vs-state-of-kerala-on-30-march-2007"},"modified":"2017-09-15T06:47:46","modified_gmt":"2017-09-15T01:17:46","slug":"viswakumar-kuttappi-vs-state-of-kerala-on-30-march-2007","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/viswakumar-kuttappi-vs-state-of-kerala-on-30-march-2007","title":{"rendered":"Viswakumar @ Kuttappi vs State Of Kerala on 30 March, 2007"},"content":{"rendered":"
Kerala High Court<\/div>\n
Viswakumar @ Kuttappi vs State Of Kerala on 30 March, 2007<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nCRL A No. 844 of 2004()\n\n\n1. VISWAKUMAR @ KUTTAPPI,\n                      ...  Petitioner\n\n                        Vs\n\n\n\n1. STATE OF KERALA, REPRESENTED BY A\n                       ...       Respondent\n\n                For Petitioner  :SMT.SANGEETHA LAKSHMANA\n\n                For Respondent  :PUBLIC PROSECUTOR\n\nThe Hon'ble MR. Justice J.B.KOSHY\nThe Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR\n\n Dated :30\/03\/2007\n\n O R D E R\n                  J.B. Koshy & T.R. Ramachandran Nair, JJ.\n\n                   - - - - - - - - - - - -  - - - - - - - - - - - - - - - - - - - -\n\n                              Crl. Appeal NO.844 of 2004\n\n                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -\n\n                      Dated this  the  30th  day of  March, 2007\n\n\n                                        JUDGMENT\n<\/pre>\n
Ramachandran Nair, J.\n<\/p>\n<\/p>\n
       The appellant is the sole accused in S.C. No.724\/2003 of the Sessions<\/p>\n
Court,   Kollam.   The  appellant  was  charged   for   offence    punishable  under<\/p>\n
Section   302   I.P.C.   and   having   found   him   guilty   of   the   charge,   the   court<\/p>\n
below convicted and sentenced him to undergo imprisonment for life and to<\/p>\n
pay   a   fine   of   Rupees     Three   Lakhs   and   in   default,   to   undergo   simple<\/p>\n
imprisonment for three years.\n<\/p>\n<\/p>\n
       2.     The   deceased   is   one   Leela   Kumari   @   Leela,   the   sister   of   the<\/p>\n
appellant.   The occurrence was on 2.5.2001 at 12 noon.   According to the<\/p>\n
prosecution,   the accused entered the courtyard of the house known as Babu<\/p>\n
bhavan,   with   a   tapping   knife,   assaulted   the   deceased   and     when   she   fell<\/p>\n
down, the appellant inflicted injuries with the knife on the chest, etc.   She<\/p>\n
died at 1 p.m. while being taken to the hospital.\n<\/p>\n<\/p>\n
       3.   The First Information Statement was given by P.W.1 at 2.30 p.m.<\/p>\n
on 2.5.2001 itself.   P.Ws.1 to 15 were   examined and Exts.P1 to P11   and<\/p>\n
M.Os.1 to 8 were marked on the side of the appellant.   DWs.1 and 2 were<\/p>\n
Crl.A.844\/2004                                -2-<\/span><\/p>\n
examined and Ext. D1 & D2 were marked  on the side of the defence.<\/p>\n
      4.  The First Information Statement was given by P.W.1, the husband<\/p>\n
of the victim.  The eye witnesses are P.Ws.2 and 3 who are the children of<\/p>\n
the victim and were aged 15 and 12 respectively.  P.W.4 was  declared<\/p>\n
hostile to the prosecution.  P.W.5 deposed that he saw the  accused running<\/p>\n
away and he admitted to have heard the cries of P.Ws.2 and 3.<\/p>\n
      5.  The defence was one of total denial.   The following injuries were<\/p>\n
sustained by the deceased as noted in Ext.P5:\n<\/p>\n<\/p>\n
       “1.  Shaped incised penetrating wound 4 x 1 cm obliquely placed on<\/p>\n
       the   left   side   of   chest   6   cm   below   armpit.     Both   ends   were   found<\/p>\n
       sharply cut.  The wound entered into the chest cavity through the 4th<\/p>\n
       intercostal   space,   transfixing   the   front   aspect   of     pericardium,   left<\/p>\n
       ventricle   at   its   middle,   back   aspect   of   pericardium   and   was<\/p>\n
       terminated with neck on the top of middle or right lobe of liver.  The<\/p>\n
       left chest cavity contained 800 ml of fluid  blood with clot.  The left<\/p>\n
       lung   was   partially   collapsed.       The   direction   of   the   wound   was<\/p>\n
       downwards, backwards and to the right.  The total minimum depth of<\/p>\n
       the wound was 14.5 cm.\n<\/p><\/blockquote>\n
<\/blockquote>\n
       2.     Abrabed   contusion   2.5   x   2.5   cm   on   the   back   of   middle   of   left<\/p>\n
       hand.\n<\/p><\/blockquote>\n
<\/blockquote>\n
       3.  Abrasion 2 x 0.5 cm on the back of the left wrist.<\/p>\n<\/blockquote>\n
       4.  Incised wound 2.5 cm x 0.2 cm skin deep oblique on the front of<\/p>\n
       left   side   of   chest   12   cm   outer   to   midline   and   9   cm.   below   top   of<\/p>\n
       shoulder.\n<\/p><\/blockquote>\n
<\/blockquote>\n
       5.  Abrasion 1 x 0.5 cm on the front of middle of chest just above the<\/p>\n
       lower end of sternum.\n<\/p><\/blockquote>\n
\nCrl.A.844\/2004                               -3-<\/span><\/p>\n<\/blockquote>\n
        6.   Abrasion  0.5  x  0.5  cm on  the  front  of left  side  of  chest  1.5  cm<\/p>\n
        outer to midline and 1.5 cm below the lower end of sternum.<\/p>\n<\/blockquote>\n
        7.   Abrasion  1.5 x 1 cm on the front of right thigh  6 cm below the<\/p>\n
        hipbone.”\n<\/p><\/blockquote>\n
<\/blockquote>\n
The doctor who was examined as P.W.9, deposed that   the victim died due<\/p>\n
to  injury No.1 which was sustained on the chest and also of the injury in the<\/p>\n
abdomen.\n<\/p>\n<\/p>\n
       6.     The   eye   witnesses   examined   are   P.Ws.   2   and   3.     P.W.1,   the<\/p>\n
husband   of   the   deceased   deposed   that   he   along   with   his   wife   and   two<\/p>\n
children   were   residing   in   the   house   and   it   belongs   to   the   mother-in-law.<\/p>\n
Regarding the share of the father of the deceased, she had some dispute with<\/p>\n
the accused.   He was the driver of an autorickshaw at the relevant time and<\/p>\n
on   getting   information,   he   came   to   the   hospital   and   was   informed   by   the<\/p>\n
children that the mother had succumbed to the injuries.  He speaks about an<\/p>\n
incident   which   occurred   on   the   previous   night   wherein   the   accused   had<\/p>\n
thrown stones  at their house.   His  cross examination  shows that regarding<\/p>\n
the incident occurred on the previous night, he had submitted a complaint to<\/p>\n
the police station.\n<\/p>\n<\/p>\n
       7.  The evidence of P.W.2 shows that on the date of occurrence there<\/p>\n
was no school and in the morning  he went for bathing.  According to him,<\/p>\n
at about 10 a.m. the deceased had gone to the house of the accused and after<\/p>\n
Crl.A.844\/2004                                  -4-<\/span><\/p>\n
coming   back   she   gave   the   children   food.     While   the   mother   and   children<\/p>\n
were standing in the courtyard, the accused came running with a knife and<\/p>\n
loudly abused the deceased.  Seeing this, she ran for shelter to the house  of<\/p>\n
C.W.4   and   before  she  reached  there,   P.W.4  closed  the  door  and  therefore<\/p>\n
she   had   to   run   back.     At   that   time,   a   scuffle   occurred   and   the   accused,<\/p>\n
stating that today is her last day and that she will be finished, caught hold of<\/p>\n
her   by   her   hands   and     in   that   process,   she   fell   down   to   the   property   of<\/p>\n
C.W.4.   which   is   lying   lower.     Immediately,   the   accused   stabbed   the<\/p>\n
deceased with the knife in the armpit and then he ran away with the  knife.<\/p>\n
Thereafter, people rushed to the scene and she was taken in an autorickshaw<\/p>\n
to the hospital.  Even though P.W.2 was  cross examined at length, nothing<\/p>\n
could be brought out to discredit his  evidence.   He denied   the suggestion<\/p>\n
made by the defence that the deceased had gone to the house of the accused<\/p>\n
and   had   tied   the   wife   of   the   accused   in   a   tree.     According   to   him,   even<\/p>\n
though   she   went   to   the   house,   one   or   two   utensils   therein   alone   were<\/p>\n
damaged.\n<\/p>\n<\/p>\n
        8.  P.W.3 is the daughter of the victim who was aged 12 at the time of<\/p>\n
the incident.   She also    corroborated  the evidence  of P.W.2   She had  also<\/p>\n
stated   clearly   about   the   details   of   the   occurrence   and   the   incident   that<\/p>\n
occurred during the previous night  that accused threw stones at their house<\/p>\n
Crl.A.844\/2004                                -5-<\/span><\/p>\n
and abused  them.   According  to  her,  on  that  day the  school  was  having  a<\/p>\n
holiday   and   in   the   morning   the   deceased   had   gone   to   the   house   of   the<\/p>\n
accused and in the scuffle some utensils had been damaged.  Later on, after<\/p>\n
she   returned   from   there,   the   accused   came   running   with   a   knife   openly<\/p>\n
declaring that she will be killed.  According to P.W.3,  while she along with<\/p>\n
P.W.2 and mother were standing in the courtyard, the accused came running<\/p>\n
and   seeing   it,   deceased   ran   to     the   house   of   C.W.4   who   closed   the   door<\/p>\n
seeing  her and thereafter a scuffle occurred and the mother was pushed by<\/p>\n
the   accused   and   in   that   process   she   fell   down   to   the   property   of   P.W.4.<\/p>\n
Immediately, the accused  stabbed  her with the  knife below the  left  armpit<\/p>\n
and   he   ran   away   with   the   knife.     She   was   taken   to   the   hospital   in   an<\/p>\n
autorickshaw and  the children  accompanied her.   In the cross  examination<\/p>\n
also, she had deposed about the incident that occurred in the morning and<\/p>\n
also about the altercation that had occurred at that time.<\/p>\n
       9.  P.W.5 is a relative of the deceased and according to him, he heard<\/p>\n
the children crying and when he went to the house of the victim, he saw the<\/p>\n
accused running away with the knife.   P.W.4 is a neighbour and according<\/p>\n
to  her,   when   the   incident   occurred,   she   was   inside   the   house.     When   she<\/p>\n
found the accused coming running with the deceased and when the scuffle<\/p>\n
occurred,   she   closed   the   door.     Only   after   other   people   assembled   in   the<\/p>\n
Crl.A.844\/2004                                -6-<\/span><\/p>\n
place, she opened the door  and found the deceased lying in the property.<\/p>\n
       10.   In   the   light   of   the   above   evidence,   the   question   is   whether<\/p>\n
prosecution   has   been   successful   in   establishing   the   guilt   of   the   accused.<\/p>\n
The   counsel   for   the   appellant   argued   that   the   evidence   adduced   is   not<\/p>\n
sufficient   to   prove   the   guilt   of   the   accused.     It   was   contended   that   the<\/p>\n
evidence  of P.Ws.2  and  3 could  not  have  been  accepted  as  they are  child<\/p>\n
witnesses.\n<\/p>\n<\/p>\n
       11.  P.Ws.2 and 3 are aged 15 and 12 respectively at the relevant time.<\/p>\n
They   have   deposed   the   substratum   of   the   prosecution   case   and   their<\/p>\n
evidence is natural and convincing.   There are no vitiating contradictions or<\/p>\n
other   inadequacies   to   reject   their   evidence.     The   argument   raised   that   the<\/p>\n
prosecution  case  has not been proved by clear medical evidence about the<\/p>\n
injury inflicted on the deceased, is also not correct.  We find, on a reading of<\/p>\n
Ext.P5 and the evidence of the doctor,  that the prosecution has successfully<\/p>\n
established   that   the   injuries   have   been   caused   by   the   knife   used   by   the<\/p>\n
accused.   The evidence of P.Ws.2 and 3 has also been  corroborated by the<\/p>\n
evidence of P.Ws.4 and 5.\n<\/p>\n<\/p>\n
       12.   The     evidence   of   D.W.2,   the   wife   of   the   accused   cannot   be<\/p>\n
accepted.     There   were   some   disputes   between   the   families   regarding   the<\/p>\n
sharing  of properties.   There is nothing  to show  that deceased might have<\/p>\n
Crl.A.844\/2004                                -7-<\/span><\/p>\n
sustained  injuries  otherwise than  as alleged  by the prosecution.   As found<\/p>\n
already,     Ext.P5   as   proved   by   P.w.9   would   show   that   there   was   incised<\/p>\n
penetrating   wound   on   the   left   side   of   the   chest   below   the   armpit   which<\/p>\n
according to P.W.9, was sufficient in the ordinary course of nature, to cause<\/p>\n
death.  The fact that the accused had inflicted injuries is clearly established<\/p>\n
from the evidence of P.Ws.2 and 3.   For inflicting  injury, he overpowered<\/p>\n
the victim who had fell down in that process.   She sustained injuries while<\/p>\n
lying   down   on   the   ground.     There   is   no   evidence   to   support   the   defence<\/p>\n
version   that   there   was   a   scuffle   and   accused   wanted   to   ward   off   attack<\/p>\n
against him.\n<\/p>\n<\/p>\n
       Hence,   we   find   no   ground   to   interfere   with   the   conviction   and<\/p>\n
sentence awarded.  The court below has awarded a fine of Rs.3 lakhs which<\/p>\n
we   reduce   to   Rs.3,000\/-.     Hence   the   appeal   is   dismissed   upholding   the<\/p>\n
conviction   and   sentence   and   with   the   only   modification   that     the   fine     of<\/p>\n
Rs.3 lakhs awarded by the court below is reduced to Rs.3,000\/-.<\/p>\n
                                                               (J.B. Koshy, Judge.)<\/p>\n
                                               (T.R. Ramachandran Nair, Judge.)<\/p>\n
Crl.A.844\/2004    -8-<\/span><\/p>\n
                         J.B. Koshy & T.R. Ramachandran Nair, JJ.\n<\/p>\n
                     – – – – – – – – – – – –  – – – – – – – – – – – – – – – – – – – –\n<\/p>\n
                                            Crl. Appeal NO.844 of 2004<\/p>\n
                      – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –\n<\/p>\n<\/p>\n
                                                                 JUDGMENT<\/p>\n
                                                 30th  day of  March, 2007<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court Viswakumar @ Kuttappi vs State Of Kerala on 30 March, 2007 IN THE HIGH COURT OF KERALA AT ERNAKULAM CRL A No. 844 of 2004() 1. VISWAKUMAR @ KUTTAPPI, … Petitioner Vs 1. STATE OF KERALA, REPRESENTED BY A … Respondent For Petitioner :SMT.SANGEETHA LAKSHMANA For Respondent :PUBLIC PROSECUTOR The Hon’ble MR. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-185450","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nViswakumar @ Kuttappi vs State Of Kerala on 30 March, 2007 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/viswakumar-kuttappi-vs-state-of-kerala-on-30-march-2007\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Viswakumar @ Kuttappi vs State Of Kerala on 30 March, 2007 - 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