K NATARAJAN Vs. STATE

JUDGEMENT

(1.) The appellant who hereinafter will be referred to as the accused was tried for a charge of murder by the Sessions Judge, Trichy.

(2.) The allegation in the charge sheet is that at 6.30 p.m. on 13-11-1990, the accused Natarajan cut Velusamy with Aruval indiscriminately and caused his death. To prove the above charge, the prosecution, before the trial Court examined P.Ws. 1 to 12 and marked Exs. P-1 to P-19 as well as M.Os. 1 to 12.

(3.) The case of the prosecution as discernible from oral and documentary evidence can be summarised as follows : The deceased is the younger brother of P.W. 4 Ramasami. P.W. 5 Palanisami is their sister's son. On the evening of 13-11-1990, P.W. 4 Ramasami, after watering his chilly plants in his garden land, was returning home on the itteri pathway and at that time, he heard the screaming voice of his brother Velusamy about the assault on him and he ran there and saw the accused cutting his brother Velusamy by M.O.1 Aruval five or six times. The accused ran away with Aruval and out of fear P.W. 4 Ramasami did not go near and stood there weeping. At that time, P.W. 5 Palanisami was returning to his place on cycle from Paramathi and he saw accused going with Aruval. He found his uncle lying with cut injuries in the occurrence place and when he enquired, P.W. 4, who was standing there, informed him about the occurrence. When they examined Velusamy, he was found dead. P.W. 4 and P.W. 5 went to their house and informed the occurrence and proceeded to Paramathi Police Station for giving a report about the occurrence.