RAMASAMY Vs. STATE

JUDGEMENT

(1.) THE appellant, who hereinafter will be referred to as the accused, was tried is Sessions Case No. 39 of 1990 on the file of the Principal Sessions Judge, Erode, and stands convicted for an offence of murder on an allegation that at 2.30 p.m. on 15.5.1989, he cut Ponnusamy, his father, with a knife, M.O.1.THE learned Sessions Judge, on convicting the accused, sentenced him to imprisonment for life though the accused was below 21 years of age at the time of occurrence and at the time of trial and conviction.

(2.) THE case of the prosecution is this: THE accused is the son of the deceased . THEy were residents of Kedarai which is within the jurisdiction of Gopichettipalayam Police Station. THE accused is the younger brother of one Venkatachalam, who is deaf and dumb. THE mother of Venkatachalam and the accused, died about four months prior, to the date of incident. After the death of his wife, the deceased wanted to marry for the second time. THE accused raised an objection by saying that within four months of the death of his mother, the deceased should not re-marry. On account of this, the deceased used to beat the accused and his elder brother Venkatachalam.

(3.) ON receipt of the requisition. P.W.6, the Civil Assistant Surgeon attached to Government Hospital. Gobichettipalayam. conducted autopsy at 9.30 a.m. on 17. 5.1989 and found on it a cut injury on the upper part of the neck extending from the right side middle of the neck to a distance of 5 cm on the left to the midline measuring 17 cm. He issued Ex.P.14, the post-mortem certificate, with his opinion that the deceased would appear to have died on account of the cut injury to the carotid artery, jugular vein and thyroid cartilage.