JABAMALAI ROYAPPAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred by accused 1 and 2 in Sessions Case No. 4 of 1979 on the file of the Court of Session, Ramanathapuram Division at Madurai, against the judgment convicting them under section 302 read with section 34, Indian Penal Code, and sentencing each of them to imprisonment for life. Both the accused were tried under a charge on the allegations that on 19th October, 1978 at 7 -30 a.m. in front of the tea shop of one Samayandi in the main road at Than -gachimadam, both the accused, in furtherance or their common intention, committed the murder of one Ajmal Khan by beating, fisting, kicking and stamping him. To substantiate the above charge, the prosecution examined P. Ws. 1 to 13, filed Exhibits P -1 to P -7 and marked M.Os. 1 to 3.

(2.) THE facts of the case, as disclosed by the oral and documentary evidence, can be summarised thus: P.W.8 is the mother of the deceased Ajmal Khan and P.W.2. Though the deceased was married, his wife had deserted him as the deceased was a man of questionable character and a spendthrift. At the time of the occurrence, the deceased was residing in Thangachi -madam in Ramanathapuram taluk and was having illicit intimacy with one Siluvaimuthu Ammal of Puthur Village, wife of P.W.7. The house of P.W.7 and Siluvaimuthu is situate adjacent to the house of the first accused. It transpires from the evidence of P.W.7 that the deceased and Siluvaimuthu had developed illicit intimacy since two years prior to the occurrence and continued their relationship despite the protests raised by the villagers.

(3.) P .W.10, on receipt of the requisition, Exhibit P -4 conducted autopsy on the dead body of Ajmal Khan at about 4 -45 p.m. on 19th October, 1978. The dead body was of a well nourished man and the age of the deceased, according to the doctor, was about 28. He found the following external injuries on the various parts of the body: Head:.