KRISHNAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal preferred by the Appellant against the conviction passed against him for the offence under Section 304 (II) of IPC and sentenced to undergo Rigorous Imprisonment for three years by the Court of Sessions, Pasumpon Muthuramalingam District at Sivaganga.

(2.) THE charge levelled against the Appellant herein is that on 2.11.1992 at about 2 pm. in the village called Aranapatti, he caused the murder of his brother by throwing him in the Well situated near the Pump -set, which was common to both and that thereby he committed an offence punishable under Section 302 of IPC. The Appellant denied the charges and hence the trial.

(3.) ON 2.11.1992 at about 2.00 p.m., the deceased with the help of PW. 3 had been to his lands, with weapons such a crow -bar and other weapons to break the boulders in his field and after breaking them into pieces, went to the common pump -set and wanted to keep the weapons inside. The accused, on seeing this, objected the deceased from keeping these weapons inside the motor pump -set. At that time, PW. 2, who had taken out a piece of land for lease from the deceased, had also come to the scene. He tried to intervene and directed the brothers viz, the accused and deceased to go to their respective houses. However, they did not. In spite of the objection raised by the accused to keep the weapons inside the pump set, the deceased tried to do so and consequently, the accused tried to break the door -MO. 5 and thereupon, the deceased took the Aruval (bill -hook) and attacked the accused aiming a blow on the head, which blow fell on his hand and again, the deceased tried to inflict another cut, which caused on his right flank. The accused sustained two injuries. Immediately thereon the accused took a stone MO. 6 and by hitting the face of the deceased, pushed him down. The accused and the deceased were apparently standing near the Well. The deceased fell into the Well and he died.