SEENIVASAN Vs. STATE

JUDGEMENT

(1.) THE first accused in S.C.No.136 of 1989 on the file of the District and Sessions Judge, Madurai is the appellant herein. He along with his mother Meenakshi A2 were charged for the offence under Section 302 read with Section 34 of the Indian Penal Code for causing the death of one Ayyana Konar the father of A1 the appellant herein and A3 and the husband of A2. A2 was further charged for the offence under Section 324 of the Indian Penal Code. A3 the sister of the first accused and daughter of the deceased was charged for the offence under Section 323 of the Indian Penal Code for causing injury in P.W.1. The learned Sessions Judge found the first appellant herein alone guilty for the offence under section 302 of the Indian Penal Code and Sentenced him to undergo life imprisonment by his judgment dated 7 -8 -1989. So far as A2 is concerned, the learned Sessions Judge found her guilty for the offence under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for fifteen days. Similarly, A3 was found guilty for the offence under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for fifteen days. Both A2 and A3 already underwent the sentence and as such, the appellant herein. A1 alone preferred this appeal.

(2.) THE prosecution case rests upon the evidence of PWs 1, 2 and 6 the eyewitnesses. PW1 is the brother in law of the deceased and PW 6 is the sister of the deceased. PW2 is the son of PW5, who entered into an agreement with the deceased to purchase the house property. PWl the brother in law of the deceased in his evidence had deposed that the first accused is the son, the second accused is the wife, and the third accused is the daughter of the deceased respectively. These three accused were charged for the murder of the said Ayyana Konar the deceased along with another son of the deceased Ravi a juvenile. A2 is the first wife of the deceased. The deceased married a second wife one Chellammal and for the past eight years prior to the date of occurrence, he was living with the second wife.

(3.) PW 1 vent to Avaniyapuram Bus stand and brought an auto rickshaw to take the deceased Ayyana Konar. At the time, he saw PW5 who also accompanied him. PW1 and PW5 took the deceased to the hospital where he was declared dead at about 1 a.m. on 6.5.1988. On examination, the following injuries are found on the deceased.