RAMASWAMI ALIAS KUPPUSWAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Ramaswami alias Kuppuswami, aged 27, has been found guilty under Section 302, I.P.C., of the murder of Subramania Mudali, whom he is alleged to have shot through the head with a revolver in the course of a high-way robbery on the Katpadi Gudiyattam High Road at about 7-40 p.m., on the 21st of August 1950. Muniyandi, the 2nd accused, who is also said to have carried a -Revolver in this robbery has been found guilty under Section 302, read with Section 34, I.P.C. The learned Sessions Judge has sentenced them both to death. Two others (accused 3 and 4), who were also charged under Section 302, I.P.C., read with Section 34, I.P.C., have been acquitted.

(2.) The deceased Subramania Mudali was a handloom cloth trader of Gudiyattam who was returning in a bandy driven by his cousin Natarajan (P.W. 2), a lad of 16. They sold saries at shandies and had about Rs. 70 kept under their bag of unsold articles. The bandy was, according to P.W.2, held up by accused 1 and 2 and two others whom they identified as the acquitted accused, all of whom had revolvers. First accused ordered the deceased to get down. He did so but refused even at the point of a revolver to hold up his hands. The first accused fired a shot which missed the deceased, who hid behind the cart. Then the second accused fired again and deceased hid behind the bull According to P.W. 2 accused 3 and 4 also fired but missed. Then the deceased caught hold of the first accused, it would appear, with one hand and his neck with the other and they struggled on the road when a bus came along towards Gudiyattam from Katpadi with lights full on. First accused then fired a shot at the deceased's right temple. He collapsed. Accused 1, then tore away his shirt pocket and took his purse and all the accused made good their escape.

(3.) In the bus were the Checking Inspector (P.W. 3), the bus driver (P. W. 5) and P. W. 7, a passenger, who was seated in the front seat. P. Ws. 5 and 7, who had the best facilities for observation, substantially corroborate each other . The bus driver says ho saw three men struggling on the road near a stationary bandy. He stopped the bus about 9 feet from them, it would appear, after hearing a sound of a shot. He saw a black weapon in first accused's hand and a white weapon in second accused's hand and accused 1 take something from the pocket of the deceased after he had fallen down. Then accused 1 and 2 ran away. He did not observe the two other men through P. W. 7 whose observations were similar, says he saw two others standing in a little distance away. P. W. 3's observations were similar but he does not depose to the colour of the weapons in the hands of accused 1 and 2. As will presently be shown, there is considerable significance in this as two revolvers, one black and white, have been recovered.