KUMARAVEL Vs. STATE OF INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal has been filed at the instance of the accused against the concurrent orders of conviction under Section 302 IPC and a sentence of imprisonment for life and a fine of Rs. 5000 and in default RI for two years.

(2.) The facts leading to this appeal are as under: the deceased, Mani, was the brother-in-law of PW 1, Raman and PW 2, Elumalai. The appellant, Kumaravel, owned a piece of land situated adjacent to the land belonging to PWs 1 and 2 and as they shared a common boundary, there was a dispute between them pertaining thereto. Mani who was married to the sister of PWs 1 and 2 stayed in the village of his in-laws and helped PWs in their agricultural operations. On 22-9-2001 water had collected in the fields on account of heavy rain and the appellant drained out the water from his field which flooded the land of PWs and destroyed their groundnut crop. On coming to know as to what had happened, PW 2 and his father, remonstrated with the appellant who in turn assaulted them. The animosity between PWs and their father on the one side, and the appellant on the other was thereby exacerbated.

(3.) On 30-9-2001 Mani went to Siruvathur to work as a daily wager and after returning therefrom he found PWs 1 and 2 and their father harvesting their crop. At about 3.00 p.m. as Mani was proceeding towards his house, he was waylaid by the appellant who questioned him as to why he was supporting his father-in-law. He thereafter caught hold of him by his neck, pressed it hard and pushed him into the muddy water lying stagnant in the field. One PW 3, Maarku Knonar saw this incident and informed PWs 1 and 2 who rushed to the place of occurrence and found the appellant pressing the neck of the deceased into the water. The appellant then ran away from the spot. The witnesses, however, found that Mani was dead. A report was duly lodged at the police station and after completion of the investigation the appellant was charged under Section 302 IPC by the Sessions Court and brought to trial.