VASTHAVI Vs. STATE

JUDGEMENT

(1.) THE appellant, who hereinafter will be referred to as the accused for the sake of convenience, was tried before the learned I Additional Sessions Judge, Madurai, in Sessions Case No. 73 of 1985, and stands convicted under Sections 302 and 324 IPC. The allegation against him is that at about 10.30 p.m. on 16.1.1985, he stabbed Gnanaiah, on the left thigh, on the left side of the head and on the left hand, with a knife, M.0.1,as a result of which, the said Gnanaiah died at about 11.20 p.m. on the same day while he was on his way to Government Rajaji Hospital Madurai. He was also charged under Section 324 IPC on an allegation that during the course of the same transaction, he caused an injury to P.W.1 with the same knife. The learned Session Judge convicted and sentenced him to imprisonment for life for the offence of murder and directed him to suffer rigorous imprisonment for a period of 18 month for the offence under Section 324 IPC, with a further direction that the sentences will run concurrently. Hence, the present appeal.

(2.) AT about 10.30 p.m. on 16.1.1985, P.W.1, after taking tea, was sitting in front of a tailor -shop. The accused at that time came from north and proceeded to the tea -stall belonging to one Saravanan. He picked up a quarrel with the tea -stall owner by telling him that he had given false evidence and implicated him in a criminal case. Thereafter, the accused went to a cycle -shop and after calling the owner of the shop by his caste name, abused him and told him that Gnanaiah. the deceased in the case, is unnecessarily interfering in his affairs and that he will be taken care of. At that psychological moment, unfortunately, the deceased Gnanaiah came out of a hotel and asked the accused as to why he is abusing him. The accused retaliated by saying that he will be abused only like that. Filthy language was used by the accused. The deceased asked him not to use such language and was leaving the place. The accused stated that he will only abuse him like that and then, took a knife and stabbed him on the left thigh. The deceased shouting that he is being stabbed, bent down and immediately, the accused inflicted another stab which was warded off resulting in an injury on the left hand of the deceased. P. Ws. 1,5 and others. ran towards them. P.W.1 prevented the accused from stabbing as a result of which, he sustained an injury on his right hand. The deceased fell down unconscious and he was removed to Government Rajaji Hospital, Madurai, where the Duty Doctor, P.W.3. examined him and found him dead at 11.20 p.m. He noticed the following injuries on his body:

(3.) P .W. 14, on receipt of the intimation, went to Avaniyapuram Police Station at 1.45 a.m. on the night of 16/17.1.1985, where he obtained a copy of the printed F.I.R. He then proceeded to the scene of occurrence where an observation mahazar. Ex.P -8 was prepared. He also drew a rough Sketch, Ex.P -I7. He searched for the accused between 4.30 a.m. and 5.30 a.m. on 17.1.1985, but the accused was found absconding. He went to the hospital and conducted inquest over the dead body of Gnanaiah between 8.00 a.m. and 10.00 a.m. in the presence of panchayatdars during which, he questioned and recorded the statements of P. Ws. 1,2,5 and others. He issued a requisition for conducting autopsy on the body of Gnanaiah.