BASKAR Vs. STATE

JUDGEMENT

(1.) This referred trial comes before us on a reference made by the learned Sessions Judge, Nagapattinam. The accused Basker was tried for offences u/S.307 on three counts and u/ S.302 of the Indian Penal Code on three counts. Learned Sessions Judge convicted the accused u/ S.302 Penal Code on three counts and sentenced him to be hanged by his neck till his death. The accused was further convicted u/S.307 Penal Code on three counts and sentenced to seven years rigorous imprisonment on three counts. The sentence of seven years directed to merge with the sentence of death.

(2.) The accused does not prefer any appeal.

(3.) The prosecution case in brief is as follows : -P.W. 1 Bhagalavan is residing in Aduthurai Tarangambadi Salai along with his wife the deceased Nagu and his mother deceased Sampurnathammal. Another deceased Chandra, the sister of P.W. 1 was residing with her husband Krishnamoorthy in the same place at a distance of a furlong from the house of P.W.1. P.W.2 injured minor Thangamani is a son of the deceased Chandra and nephew of P.W. 1. The accused also belongs to the same place and he was employed in the Special Armed Police at Madras as a Constable. About 3 months before the date of occurrence when the accused visited Aduthurai, he was breaking odd tins and plastic article near the house of the deceased Chandra, when the deceased Chandra asked him to carry out the said work some distance away from her house, a wordy quarrel arose between them. The accused caught hold of the tuft of Chandra and beat her with chappals. The deceased Chandra lodged a complaint before Thiruvideimarudur Police Station as a result of which he was charged before the learned Judicial Magistrate, Kumbakonam and the case was pending at that time. As a result of the said Criminal case the accused was suspended temporarily from service. Thereafter he was living in Aduthurai.