Kerala Court September 1949 Judgments

Sirkar Prosecutor Vs. Ananthan Kuttan

Court: Kerala

Reported in: AIR1950Ker12; 1950CriLJ653

Koshi, J.1. This is an appeal by Government against the acquittal of accused 1 in Sessions ease no. 23 of 1123, on the file of the Sessions Court, Trivandrum, of the offence of murder. There were, in all, 3 accused persons in that case. Accused 1 was charged with causing the death of one Devadasan by stabbing him With a pen-knife and causing hurt to one Kunju. Bankaran (P.W. 2) who was Devadasan'a em-ployer. He was also stabbed with the same knife as killed Devadasan. Accused 2 and 3 were Obarged with abetment of the commission of these offences by accused 1. The learned Sessions Judge who held the trial acquitted accused 2 and 8 and found accused l not guilty of the offence Of murder. Though it was found on the evidence tbat Devadasan died as a result of the injury he sustained by accused 1 stabbing him with a pen. knife, the learned Judge held that accused l did it in the exercise of the right of private defence of his own body. Ho was therefore acquitted of murder. At the same time ...