ANNAMALAI Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the first accused/appellant against his conviction and sentence passed by the learned Sessions Judge, Madurai North Division Dindigul in S.C. No. 60 of 1984 for an offence under section 304 part II I.P.C. and to undergo rigorous imprisonment for a period of seven years.

(2.) The case of the prosecution is that the accused 1 to 4 have attacked the deceased Kalimuthu Pillai on 17.7.83 at about 8 p.m. and caused death of the deceased Kalimuthu Pillai. The First accused was charged under Sec. 302 I.P.C. and the accused 2 to 4 were charged under Sec. 302 read with 34 I.P.C. The 4th accused is the wife of the third accused. The 4th accused as well as the elder sister of P.W. 1 Sudachiammal who is the wife of the deceased Kalimuthu Pillai. The third accused is the elder brother of the deceased. The first accused is the son-in-law of the third accused. The second accused is the son of the third accused. All of them are residing in Aranmanaipudur village. According to the prosecution, the relationship between the family of P.W. 1 and the family of the third accused was strained for about one year. There was a wordy quarrel between Pushpavalli, daughter of P.W. 1 and the grand daughter Sivanthi of the third accused about ten months prior to the examination of P.W. 1. P.W. 1 went and took back her daughter. The accused 2, 3 and 4, Seeniammal daughter of the third accused, Amirthavalli and Pown abused P.W. 1 P.W. 1 in-turn retarted. After Kalimuthu Pillai and his sons returned after their day's work at about 7 p.m. on 17.9.1983, P.W. 1 informed them about the incident that took place at about 4 p.m. regarding the quarrel. The deceased followed by his wife P.W. 1 and his sons went to the house of the third accused and questioned him as to how the accused 2, 3 and 4 and others abused his wife P.W. 1 the third accused slapped on the cheek of the deceased. The second accused came with a stick to beat the deceased. The deceased wrested that stick and beat the third accused on his head. The accused 2 and 4 caught hold of Kalimuthu Pillai and the first accused took out a knife from his waist and stabbed the deceased on the right side of his chest. Thereafter, he drew out the knife and ran away. Kalimuthu Pillai and others chased him and Kalimuthu Pillai ran upto distance of about 15 ft. outside the verandah and fell down in the street infront of the house of Periasami Pillai and all the accused ran away. P.W. 2 Marimuthu, son of P.W. 1 was also present at the time of the occurrence. P.W. 1 bandaged the wound of the deceased, put him in a cart and took him to the Government Hospital, Theni. On the way P.W. 2 got down to fetch a taxi. By that time, P.W. 1 reached the Government Hospital, Theni and the doctor examined the deceased and pronounced him dead. By that time P.W. 2 reached the Government Hospital in a taxi, P.W. 1 and his sons went to Veerapandi Police Station and gave a report to the Head Constable Neelaperumal. P.W. 7 who recorded it, got the thumb impression of P.W. 1 and attested by P.W. 2 and another son Dhanuskodi and it is Ex.P. 1. He registered a case in Cr. No. 391/83 under section 302 I.P.C. and sent an Express Report under Ex.P. 10 to the Second Class Magistrate, Periakulam, P.W. 9 Varadaraju is the inspector of Police, Theni. After receipt of the Express Report through P.W. 5. P.W. 9 took up further investigation. He went to the place of occurrence and inspected the same in the presence of P.W. 3 Sudalaiyandi and another Paramasivan and prepared an observation mahazar Ex.P. 2. He seized the bloodstained earth M.O. 2 from Kaliamman Koil Street where the deceased had fallen-down under Ex.P. 3 mahazar in which P.W. 3 and Paramasivan have attested. P.W. 9 the Inspector of Police prepared a rough sketch under Ex.P. 13 on 18.9.83 at 6.15 am. P.W. 13 went to the General Hospital, Theni, conducted inquest over the dead body and prepared an inquest report Ex.P. 14. He sent the dead body through P.W. 5 after post mortem examination with a requisition. P.W. 5 handed over the dead body to the Medical Officer, Government Hospital, Theni. P.W. 4 Dr. Venkatammal, Medical Officer, Government Hospital, Theni, conducted post mortem on the dead body of the deceased on 18.9.1983 at 10.20 a.m. and found the following external injuries.

(3.) The accused were questioned under Sec. 313 Crimial P.C. The third accused has stated in his statement under Sec. 313 Crimial P.C. that while he was entering his house, the deceased beat him with a stick on his head that P.W. 2 tried to stab him with a knife that he escaped from that attack and that attack accidentally landed on Kalimuthu Pillai, the deceased. In general, all the accused have denied the charge.