JAYAPAL Vs. STATE

JUDGEMENT

(1.) OF the two accused in the case the first accused Jayapal is the appellant. He has been convicted under Secs.302 and 307, I.P.C. and has been respectively sentenced to imprisonment for life and rigorous imprisonment for three years which have been directed to run concurrently. The second accused who was charged under Sec.302 read with Secs. 109 and 307 read with 109, I.P.C. has been acquitted.

(2.) THE prosecution case is that P.W.1 Natarajan was having a lathe machine at Pappanaickenpalayam. His brother Murugesan -s daughter Sundari and the second accused Nagarajan fell in love with each and they both on 16.4.1984 fled from the village. Murugesan gave a complaint to police. The Inspector enquired into the matter and there was a Panchayat and in the presence of police the marriage was celebrated under the supervision of the first accused Jayapal. After the marriage the second accused did not go for work and was wandering, and he went to Murugesan often and pestered him for money. On 16.6.1984 at 7.45 P.M. while P.W.1 Natarajan was in his lathe workshop and his elder brother Murugesan and younger brother Gajendran (P.W.2) were talking outside, the two accused came there. The first accused shouted in filthy language demand to pay what they should Hearing this P.W.1 Natarajan came out. Murugesan and P.W.2 Gajendran went near P.W.1 Natarajan. Second accused shouted -Kill them - P.W.1 saying that there is no need to speak with them told his brothers that they would go. At that time the first accused took out a knife M.O.1 from his pant pocket and aimed to stab in P. W.1 -s left shoulder. But since P.W.1 then turned the tip of the knife fell on his right chest. First accused again raised the knife to stab P.W.1. Murugesan stopped to prevent him. First accused stabbed him in his left shoulder. Murugesan fell down. Again first accused raised the knife. At that time P.W.2 Gajendran took out a bamboo stick from the thatched roof and beat with it at the left hand of the first accused. Then the first accused ran away with M.O.I knife towards south. Second accused also ran after. P.W.3 Sakthivel was there witnessing the occurrence.

(3.) ON consideration of the evidence, the learned Sessions Judge found the first accused guilty of the charges and he convicted and sentenced him as aforesaid, and as regards the second accused though the learned Sessions Judge believed that he was also present at the spot, stating that there is no evidence that he knew that the first accused was having knife and there is no reliable evidence that he abetted, he found him not guilty of the charges and therefore he acquitted him.