SELVARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) One Savariyar Adimai had four sons, namely, Rajamani, Verghese alias Anthonimuthu (Public witness 1, Selvaraj (the appellant) and Dasan (the deceased). The family had a house and the land with some trees thereon. There was a dispute among the members of the family on the allegation that the father who was plucking the tamarind fruits from the tree on the family land was not giving any share to Public Witness 1 and Dasan but was giving them to the other two sons. On account of the said dispute a quarrel broke out on 11/4/1982 between Public Witness 1 and Dasan on one side and the father and two sons on the other with respect to the division of the family property. Public Witness 1 was said to have been attacked by his father, brother Rajamani, his son Kalisthar and wife Marianesam and Vasantha, the wife of the appellant with stick, aruval and stone. Public Witness 1 lodged a complaint and the case was registered under S. 147, 148, 323, 324 and 336 Indian Penal Code against those persons. The case was being tried in the Magistrate's court at Thuckalay. On 28/1/1984 Public Witness 1 and Dasan gave evidence in the said case for the prosecution. Though the appellant was not an accused he was present in court watching the proceedings as his wife was an accused. In the evening Public Witness 1 was proceeding in front of a shop of Chelladurai when the appellant came running from the opposite direction and shouted at Public Witness 1 "only if you are killed, the family's trouble will come to an end". Public Witness 1 was frightened and ran into the said shop. The appellant was prevented from beating Public Witness 1 by persons nearby including Chelladurai. On the same night Public Witness 1 went to the house of Dasan and was talking to his wife as Dasan had gone out. Dasan returned at about 8. 00 p. m. and Public Witness 1 narrated what happened in the evening. Both went to the house of their younger sister Annapushpam which was in Alangode and returned later. At that time PWs 5 and 6 were near the gate of Dasan's house and all the four were talking together and it was about 9.30 p. m. when from the southern side the appellant and another person by name George came to that place. The appellant told Public Witness 1 and Dasan that he was searching for them everywhere. The appellant questioned Dasanwhether he was in support of Public Witness 1 and stabbed him on his left chest with a katari knife and brought it downwards with the result, the intestines came out of the abdomen with bleeding. Dasan then fell down and when Public Witness 1 tried to lift him up George who was standing behind him prevented him from doing so. The appellant stabbed Public Witness 1 also stating that the family will have peace only if he was killed. As Public Witness 1 moved a little, the stabbing was on the upper right arm. The appellant stabbed once again in the neck below the left iliac fossa. Public Witness 1 fell down, pressing the said injuries with his hand and raising alarm. PWs 5 and 6 who were witnessing the occurrence also raised alarm. The appellant and his friend ran away from the scene with the weapon. The wife of Dasan rushed to the scene and bandaged the injury on him. Public Witness 8 the son of Public Witness 1 came there immediately and brought a taxi driven by Public Witness 11 to take the injured persons to the government Hospital at Nagercoil at about 10. 30 p. m. Public Witness 8 and the wife of Dasan accompanied them. On their reaching the hospital, Public Witness 3 Dr Rajapandian pronounced Dasan to be dead and examined Public Witness 1 for his injuries. The following injuries were found by him: (1 Incised wound 2" x 1" depth not probed over left iliac fossa. Loops of intestine coming out of the wound over the abdomen. Fresh bleeding present from the wound. (2 Incised wound 1" x 1/2" x 1/2" on the upper 1/3rd of right arm.

(2.) On getting information the Head Constable of Kottar Police Station proceeded to the hospital and recorded a statement from Public Witness 1 at 11.15 p. m. The Judicial Second Class Magistrate, Nagercoil received the FIR and other connected documents at 1.15 a. m. on 29/1/1984 and forwarded the same to the Judicial Magistrate, Second Class, Eranial. Public Witness 2, the doctor who performed the autopsy opined that the injury suffered by Dasan was fatal. The appellant surrendered before the court and he was taken on police remand on 15/2/1984. He was said to have made a confessional statement and took Public Witness 7 and other witnesses to his house and produced the katari knife from the rear side of his house. The appellant was charged under S. 302 and 307 Indian Penal Code and his friend George under Section 302 read with Section 34 and Section 307 read with Section 309 Indian Penal Code. Both the accused denied their guilt.

(3.) The court of Session at Nagercoil disbelieved the prosecution and held that the accused were not guilty. Consequently they were acquitted. There was an appeal by the State and a revision by Public Witness 1. The High court after considering the evidence in detail reversed the conclusion of the trial court and set aside its judgment so far as it related to the appellant herein. The appellant was found guilty of the offences under S. 302 and 326 Indian Penal Code and sentenced to imprisonment for life and three years' rigorous imprisonment respectively. Both the sentences were ordered to run concurrently. The acquittal of the second accused was confirmed by the High court.