IN RE: NATESAN Vs. STATE

JUDGEMENT

(1.) THE accused in this case (Natesan alias Natarajan) has been convicted of the murder of a young; woman named Papathi (S. 302 IPC) and also of attempting to commit suicide (S. 309 I, P. C.) by the learned Additional Sessions Judge of Coimbatore in S. C. 202 of 1959 on his file. The appellant has been sentenced to death upon the charge of murder, and to simple imprisonment to a period of one year upon the charge of attempt at suicide.

(2.) THE facts are extremely simple, and the appellant does not really dispute that he did stab the victim of the occurrence with a knife. His case is that she at first attempted to inflict some injuries on him with the weapon, and that he wrested the weapon from her and inflicted the grievous injuries on her in self defence. The simple matter for consideration, upon the merits, is whether there is any semblance of truth in this counter version advanced by the appellant at the trial.

(3.) WE do not know what precisely happened on the date of the occurrence itself, between the deceased and the accused. But the facts make it clear beyond doubt that, at that time, the deceased was alone in her portion of the house, and that the accused intruded upon her privacy. The girl raised cries that she was being stabbed, and immediately certain of the witnesses ran up to the spot hearing her alarm. They were P.W. 1, P.W. 2 and P.W. 3 in the first instance, and later, P.Ws. 4 and 5. The accused had apparently locked the door from inside, and the witnesses were unable to open the door at first.. Then P.W. 4 went and brought a crowbar (M.O. 1), and the door was forced open.