RAMACHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appeal is by the accused, who has been convicted by the Sessions Judge, East Thanjavur at Nagapattinam in S.C. No. 65 of 1984 for an offence under Section 302 of the Indian Penal Code and sentence to undergo imprisonment for life.

(2.) The gravemen of the charge against the appellant is that on 24-1-1984 at 5.30 P.M. in the Avayarnbalpuram Colony in Myiladuthurai 1 K.M. cast of the police station, he caused the death of one Kaliaperurnal by manual strangulation.

(3.) The prosecution case is briefly as follows: The Appellant, the deceased and P.Ws 1 to 8 reside in Avayarnbalpurarn Colony, consisting of a row of house, south of the river Cauvery. About a month prior to the occurrence, the deceased and his wife P.W.1 took up residence in the house of Mani, the father-in-law of the appellant. P.W. 8, wife of the said Mani was living separate from her husband at that time and sometime prior to the occurrence, she returned to the Village and insisted that the deceased and P.W.1 should vacate the house. The deceased and P.W.1 could not find alternate accommodation and agreed to vacate as soon as possible. P.W.8 was in the habit of coming to the house and shouting in filthy language that they should vacate the house. On 24-1- 1984 at about 5.30 P.M. P.W. 8 demanded that the deceased and P.W.1 should vacate the house and abused them both in vulgar language. The deceased gave one blow toP.W.8 and both were engaged in a scuffle for sometime. Therefore P.W.8 sent word to her son-in-law, the appellant, who was also her younger brother and the appellant on reaching the scene, questioned the deceased as to why he beat P.W. 8. There was exchange of words and the appellant beat the deceased on the nape of the neck and pushed him into the river Cauvery. P.W.1, the wife of the deceased brought the deceased out of the river and on reaching the shore, the deceased removed his lungi and shirt and standing in his underwear, he asked the appellant to beat him, if the appellant was. So capable of beating the deceased. P.W.7 tried to pacify them and tried to take the necessary away. At that time, the appellant, put both his hands round the neck of the deceased and throttled him. Though P.W.7 pleaded and raised alarm to leave the held, the appellant continued to throttle the deceased till the head of the deceased dropped down. P.W.7. put the deceased on the ground and found that he was dead. The occurrence was witnessed by P.Ws.2 to 6 also who were the residents of the same colony. P.W.10 a private Doctor was brought and has stated that the deceased was already dead, P.W.1 went to the Police Station at Mayiladuthurai and gave a statement, EX.P.1 to P.W. 13, the Sub-Inspector of Police, who registered it as Cr. No.4 of 1984 for an offence under Section 302 of the Indian Penal Code. He sent an express intimation to higher authorities and on receipt of the same, P.W. 15, the Inspector of Police came to the scene on 25-1-1984 and took up investigation. He prepared an observation mahazar, held inquest, examined all the witness, seized M.O.1 underwear of the deceased and sent the body to P.W. 12 for post mortem.