SHANMUGAIAH @ THINDAN Vs. STATE BY INSPECTOR POLICE, ALANKULAM

JUDGEMENT

(1.) THESE appeals are by A.1 and A.2 respectively in S.C. No. 137 of 1985 on the file of the First Additional Sessions Judge, Tirunelveli. The Appellant in C.A. No. 898 of 1985, who will hereinafter be referred to as the Appellant, has been convicted for an offence under Section 304 Part I read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for a period of seven years, whereas the Appellant in C.A. No. 942 of 1985 has been convicted for an offence under Section 304 Part I of the Indian Penal Code and sentenced to undergo imprisonment for a period of seven years. The Appellant in C.A. No. 942 of 1985 is now dead and the charge against him abates. C.A. No. 898 of 1985, therefore, is taken up for arguments.

(2.) THE gravamen of the charge against the two accused was that on 9 -10 -1984 at 9 A.M. in Seeral Kadu they caused the death of the deceased Niraikulathan, aged 70. Both the accused in furtherance of the common intention caused his death, A.2 by hitting with M.O.2 grinder stone on his right leg and A.1 by hitting with the handle portion of the spade M.O.1 on the left leg.

(3.) ABOUT seven days prior to the occurrence, the youngest daughter of the deceased who had been married to P.W.4 was due to deliver a child and had been taken to the hospital at Alankulam, from where she was directed to be sent to the Government Hospital, at Tirunelveli. Udayammal, the wife of the deceased had accompanied her daughter and was staying in Tirunelveli hospital. Even four years prior to the occurrence, the deceased and his wife had taken up residence in the garden house in Seevalarkulam, situated in the midst of their lands. When Udayammal left for the hospital, P.W.1, who is the grandson of the elder brother of the deceased and who is also the son -in -law of the Appellant, had been required to stay with the deceased in the garden -house.