MURUGAN ALIAS CHITRAVLE Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the conviction and sentence passed in S.C. No. 341 of 1983 on the file of the learned Sessions Judge, Thirunelveli. The appellant was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) The prosecution case in brief is as Follows: PW2 Arasamuthu along with his rife Annammal and minor Arumugam are residing in Ramanujam Pudhu Theru in Nambi Thope attached to Tirukurungudi. The deceased Gnanaraj is the husband of PW 2's wife's sister. PW 1 is the father of the deceased. PW 3 is the maternal uncle of the deceased, who is living opposite to the house of PW 2.

(3.) About a month prior to the occurrence, PW 6 Sekar came to the house, of PW 2 and was assisting PW 2 in his work. During that time, the appellant used to visit his uncle PW 3's house, and therefore, they became friends. Ten days before the occurrence, PW 6 and the appellant were apprehended by Nanguneri police on suspicion. However, they were released subsequently. Therefore, PW 2 advised PW6 to return to his native place. But PW6 was taken to the house of the appellant, wherein he stayed for four or five days. He used to come to the house of PW3 often. The appellant also used to come there on the pretext of seeing PW6, The day prior to the occurrence, the appellant came to the house of PW 2 to see PW 6. A wordy quarrel arose between the appellant and PW2 at about 7 p.m. The appellant attempted to beat PW2 with a spade. PW2's wife and her sister pacified them. The appellant returned saying that he would take his revenge later on. On the next day i.e. 1-6-1983 at about 7 p.m. the appellant went to the house of PW2 and asked for PW6. PW2 came out of the house along with his wife and minor Arumugam. A quarrel arose between the appellant and PW2. On hearing the noise, PW3 came out. PW2 attempted to beat the appellant. But when PW3 intervened, it fell on his head causing a minor injury. On seeing that PW3 was injured, the appellant took out a bitchuva knife and attempted to stab PW9. Minor Arumugam rushed to the house of PW 1 and informed him about the occurrence. On heating that, the deceased ran towards the scene accompaniedby his father PW 1. The appellant attempted to stab PW2 with the bitchuva knife and at that time, the deceased intervened. The appellant stabbed him on the left side of his stomach, This was witnessed by PWs 2, 3 and others. Afterwards, the appellant, ran away with the knife.