KUMARESAN Vs. STATE

JUDGEMENT

(1.) THE appellant was charged for having caused the murder of his father Ramaswami Servai by cutting him with an arrival on his right shoulder, neck abdomen and other parts of his body indiscriminately, at about 10 a.m. on 5th May, 1978 at Chadurvedamangalm. Village, Ramanathapurajn District.

(2.) THE prosecution is that P.W.1 is the mother of the accused P.W.l married a person 32 year back and divorced him -Subsequently according to P.W.1, the deceased married her, and the accused was born to them, no doubt, P.W.1 has turned hostile in this case. The reason is obvious. The prosecution has sought to prove its case relying on the evidence of P.Ws. 2 to A, P.W, 6 and P.W.7 (the Village Munsif) who is supposed to have recorded the statement Exhibit P -3 from P.W. 1.

(3.) P .W.1 went to the house of P.W.7. the Village Munsif of Chadurvedamangalam, at 1.30 p.m. on 5th May, 1978 and gave a complaint P.W.7 took down the complaint to the dictation of P.W 1, and after reading out the same to P.W.1 got her thumb impression in the same. The said complaint has been marked as Exhibit P -4 in this case. After recording the first information report, P.W.7 went to the scene of occurrence, and found Ramaswami Servai lying dead with a number of cut injuries. Hence P.W. 7 proceeded to Nainarkoil Police Station and gave Exhibit P.3 to the writer of thePolice Station(P.W.10). After handing over Exhibit P -3 P.W.7 returned to the village and was near the dead body until the police arrived at the scene of occurrence.