AVANASIYAPPA GOUNDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant has been found guilty of an offence under S. 302 I. P. C. for having caused the death of one Subbayya Goundan in mudalamada amsom, Chittoor taluk and sentenced to rigorous imprisonment for file. THE incident is said to have been taken place on 31-5-59 at about 8-45 p. m. in front of the house of Pw. 9, Velachami.

(2.) THE accused and the deceased were living near each other on the south of the Kollengode-Pollachi road. THE accused was living with his concubine, one Palani Ammal. Palani Ammal had a sister by name Kali Ammal. THE accused wanted to, keep Kali Ammal also as his mistress. Her parents and palani Ammal did not like this 6 months prior to the date of occurrence, Pw. 1's father got her married to one Kaliyappan, a servant of Pw. 1's father. THE expenses were met by the deceased and his wife. THE relationship between the accused and the deceased thereafter got strained. 2 months prior to the occurrence, Pw. 1 purchased 4 bags of groundnuts from Palani Ammal. THE accused quarrelled with his conclusion for this sale of groundnuts to Pw. 1. Pw. 9 is one of the persons who had heard this quarrel. On the evening of the date of occurrence, there was again a quarrel between the accused and Palani Ammal and it is stated that she was beaten by the accused. She went to her parents' house and reported the matter to them. Her mother went to the tea shop of Pw. 4 at about 7 P. M. , and sought his help for questioning the accused for reporting the matter to the police.

(3.) IT was rightly pointed out by the learned Public prosecutor that although the accused denied participation in the incident, from the trend of the cross-examination of the eye-witnesses it would be seen that the case then set up was that a tussle took place between the accused and the deceased, that they exchanged blows and while they were so beating each other, pw. 1 came with the rice-pounder and while aiming a blow with the same on the accused's head, the blow accidently fell on the head of the deceased and the deceased sustained injuries. But whatever be the statement of the accused, whether it is true or not, the real question for consideration is whether the deceased died as a result of the injuries he sustained and whether the prosecution has conclusively proved that it was the accused who had inflicted those injuries.