SUBBIAHTHEVAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In this case, on the application for special leave to appeal filed by four petitioners, we issued notice to the State of Tamil Nadu on the question of the propriety of sentence of death imposed upon the appellant-petitioner and dismissed the application of the other petitioners.

(2.) In pursuance to the notice the State has entered appearance. After hearing counsel on both sides, we granted special leave limited to the question of sentence and heard the appeal itself and passed an order on December 22, 1972 reducing the sentence to imprisonment for life for reasons to be given later.

(3.) The prosecution case was as follows. PW-1 was running a grocery shop. Accused No. 1 and his wife Lakshmi used to purchase provisions from the shop. About a month prior to the date of the occurrence, PW-1 went to the house of Accused No. 1 in his absence for getting an amount of Rupees 2/- due to PW-1 on account of the purchase of grains from the shop. This conduct of PW-1 in having visited his house in his absence aroused the suspicion of Accused No. 1. PW-1 apprehended an attack from Accused No. 1 for this reason and so he left the village for the time being. During his absence from the village, a meeting of the village panchayat was held to judge the propriety of his conduct in having visited the house of Accused No. 1 in his absence. PW-1 was found guilty and a fine of Rs. 30/- was imposed on PW-1 and that was paid on behalf of PW-1. On April 26, 1970, the day prior to the date of occurrence. Accused No. 1 came to the shop of PW-1 at about 3 P.M and beat him with a chappal for visiting his house in his absence. On April 27, 1970, at about 8.30 A.M. the deceased Lakshmi Ammal, mother of PW-1, PW-2, PW-3 and one Alagiriswami Pillai went to the house of Accused No. 1 to ask him why he beat PW-1 with a chappal on the previous day in spite of the fact that a fine of Rs. 30/- was imposed on PW-1. Then Accused No. 1 came out of the house with an aruval but the aruval was caught hold of by Alagiriswami Pillai. The deceased then beat Accused No. 1 with a broomstick. This was considered to be a great humiliation not only by Accused No. 1 but also by all neighbouring members of the Marva (Thevar) community to which Accused No. 1 belongs. On the same day at about 1 P.M. the deceased was sitting in front of the shop of PW-1 which was situate very near to the house of Accused No. 1. Then Subbammal, wife of Accused No. 6 and Alagammal, wife of Accused No. 3 came in front of the house of Accused No. 1 and said that since a Vellala woman (deceased ) beat a Maravaman (Accused No. 1) with a broomstick, Vellala women should be molested. On hearing this, Accused No. 4 said that the Vellala woman need not be molested, but, on the other hand, Vellala men who came in the morning to the house of Accused No. 1 should be properly dealt with. On hearing the utterance of Accused No. 4, Lakhshmi Ammal, the deceased said that PW-1 was beaten with a chappal and made some sarcastic remark indicating that Thevars (Marvas) are not very special people. On hearing this, Accused No. 7, who was standing in front of the house of Accused No. 1 said: