MUTHUPANDI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This, Criminal Appeal is directed against the conviction and sentence passed in S.C. No. 110 of 1984 on the file of learned Sessions Judge, Tirunelveli. The accused/appellant was tried for an offence under Section 302 I.P.C. He was convicted and sentenced to imprisonment for life by the learned Sessions Judge.

(2.) The prosecution case in brief is as follows: The deceased Karunakara Pandian was the resident of Karuppanuthu village and P.W. I Annathai is his wife. P.W. 2 is the sister of P.W. 1 and she got married 10 the accused. Due to certain misunderstandings between the husband and the wife, P.W. 2 returned to her parent house and lived with them. Therefore, the Accused filed a petition before the Civil Court at Tenkasi for restitution of conjugal rights. A notice was issued by the counsel for the accused to P.W. 2. The deceased took P.W. 2 to an Advocate P.W. 5, of Tenkasi and made arrangements to defend the matrimoninal case filed by the Accused against P.W. 2. A Vakalath was given to P.W. 5 in which P.W. 2 had signed. Ex. P-4 is the copy of the petition and Ex. P-5 is the notice received by her. About six months before the occurrence, the deceased borrowed a sum of Rs. 500/- from the accused which remained unpaid. When the accused demanded the money, the deceased stated that it was adjusted towards the supply of cigarette, coffee etc., to the father of the accused. The accused stated that the deceased had spoiled his family life and refused to return the money borrowed from him and that therefore he warned that he would kill him by saying: **(Sic being in other local language) This was known to P.Ws. 1 and 2.

(3.) On the date of the occurrence, at about 10.00 P.M. P.Ws. 1 and 2 were sleeping inside the house of the deceased with a child, while the deceased was sleeping outside. At about 2.00 A.M. on 26-7- 1982 in the early morning P.Ws. 1 and 2 heard a noise of the deceased saying that the accused had cut him. **(Sic being in other local language) This was heard by the neighbour P.W. 3 Ramasamy also. On hearing the said noise P.Ws. 1 and 2 ran outside the house. There was a hurricane light burning in the kitchen of the Tea Shop which was a part of the residential house. P.W. 1 shouted that the accused had cut stating: **(Sic being in other local language ) On hearing this the accused turned back, went towards south and then turned westwards with Aruval. P.W. 3 who also came out of the house, saw the accused going with the Aruval. At that time electric lights were burning nearby. P.Ws. 1 to 3 saw a deep cut on the neck of the deceased and within a minute deceased passed away. As there was no Village Administrative Officer in the village, report could not be given immediately. Apart from that P.W. 1 was in the stage of advanced pregnancy and therefore P.Ws. 1 and 2 could not go to the Police Station. At about 7.00 A.M. P.W. 1 along with Thavasi Thevar went to the Police Station at Panavadali and reported the matter to the Head Constable P.W. 9. When she complained the matter it was reduced to writing in Ex. P-I and the same was recorded as Crime No. 116 of 1982 on the file of the Panavadali Police Station under Section 302 I.P.C. He prepared printed First Information Report and sent to the Courts and other officers concerned. Ex. P.-12 is the printed First Information Report and the same was sent to the court through P.W. 10. A wireless message was given to the Inspector of Police P.W. 11. First Information Report reached the court at 10.00 A.M.