MATHALI GOUNDAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Additional Sessions Judge of Salem has found the accused guilty of murder of one Sellappa Goundan, uncle of the accused and sentenced him to death.

(2.) The occurrence is said to have taken place adjoining the road which leads to Sankari railway station near a batel 'mundy. On the night of 19th October 1950 at about 10 p. m. P. Ws. 7 and 12 who were living near the 'mundy' heard cries "Aiyo, water water". They came out each with a lantern and found the deceased Sellappa Goundan sitting on a cot in front of tne 'mundy' under a 'pandal' with a spear in his hand which is M. O. 1 in the case. His 'dhoti' was bloodstained. They gave him water and as the deceased wanted that word should be sent to his wile, P. W. 7 sent P. W. 8, one of the bays working in the mundy, to go and fetch his wife. He went and told the wife of the deceased (P. W. 1) that her husband was lying on a cot in front of the mundy with a wound on his abdomen and that he was sent by P. W. 7 to inform her. P. W. 1 then, with the assistance of her brother (P. W. 3) who is also her sonin- law engaged a cart and came to the scene with her daughter, P. W. 2, aged about 9 years and her son. P. W. 5, aged about 6 years. They saw Sellappa Goundan lying on a cot with a bleeding injury in the abdomen. They also saw a spear underneath the cot. They found P. Ws. 7 and 12 present there and also a woman called Pavayee (the wife of the accused). P.W. 1 questioned her husband as to how he came by the injuries and the deceased stated that the accused had stabbed him with the spear, M. O. L, which was lying nearby. P. W. 12 suggested that the deceased may be taken to the hospital. The cot was, therefore, carried up to the road and kept there waiting for a jutka or other transport to be brought.

(3.) In the meantime, P. W. 1's brother, (P. W. 3 who, as already stated, is also her son-in-law), was sent to fetch P. W. 1's mother's sister, The wife of the accused, Pavayee who was staying there till then left the place. After P. W. 3 left the scene, P. W. 1, her daughter P. W. 2, and her son P. W. 5, and one Pachayee who has not been called as a witness stayed there by the side of the cot. While they were so staying by the side of the deceased, the accused is said to have come again with a covering on his head and given four or five stabs in quick succession on the chest and other places with a weapon like M. O. 2. The deressed immediately collapsed on the spot. The accused then ran away in the southern direction. While the accused was stabbing, P. W. I who recognised him, shouted for help. No one came, but as the accused was going away from the scene he was met by P. W. 3 coming in the opposite direction and the accused is said to have chased P. W. 3 also and then left and run away. P. W. 3 came back to tne scene to see his father-in-law dead. Later, after 11 p. m,, P. W. 9 also, on receiving information about the death of Sellappa Goundan, came to the scene. Though a number of these persons were present near the dead body none of them aopears to have gone to the village munsif till next morning at about 7 a. m. The village munsif recorded a statement from P. W. 9 who went to give the information. The village munsif came to the scene of occurrence and was present till the Sub Inspector came and held the inquest. The accused was arrested on the 20th of October 1950. at about 2 p. m. at the Sankari shandy on the Edaoadi road. The weapon. M.O. 2, was found in the hollow of a tamarind tree on which the thatched shed of the father of the accused was built. On examination by the Chemical Examiner no blood was found on this weapon, though the spear was stained with human blood.