MOTTAI THEVAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Appellant, a young man aged 20, has been found guilty under Section 302, I. P. C. and sentenced to death by the learned Sessions Judge of Coimbatore for the murder of one Muthuswami Goundan, who was incidentally sentenced to transportation for life in 1926. After serving his sentence, he returned to his village Andhiyur and lived with his younger brother P.W. 9. The deceased had the right, it would appear, to collect tolls at the Andhiyur shandy from hawkers.

(2.) The prosecution case is that on 20-11-1950 on shandy day in this village, the appellant came to the Police station at about 2-30 p.m. with a blood-stained spear. The statement recorded from him by the Sub-Inspector (P.W. 15) was ruled out as inadmissible in evidence quite rightly but most unfortunately in this case as, under Section 25 of the Evidence Act, a confession made to a police officer cannot be proved against an accused. The Sub-Inspector immediately after recording the accused's statement and taking him into custody went to the Andhiyur shandy and found a blood-stained patch near the rice baskets ot hawkers. The evidence shows that P.Ws. 4 and 5 two coolies in the employ of the deceased, who assisted in the collection of tolls from paddy stalls, carried the deceased to his house but that he died on the way. The Sub-Inspector found the corpse on the pial of the deceased's brother, P.W. 9, who in the meantime had made a separate complaint Ex. P. 8 timed at 3 p.m. to the village magistrate (P.W. 13) to the effect that the appellant and his father-inlaw came together to the shandy where the appellant spsared the deceased. The 2nd accused was later quite rightly struck out of the case as an accused.

(3.) At the inquest held from 3-30 p.m. the Sub-Inspector examined three rice hawkers P. Ws. 1 to 3, who deposed that they heard a shout of stabbing and all they saw when they turned round in the direction of the shout was the appellant pulling a spear out of the deceased's back while he was standing and again stabbing him after he fell down. A petition writer (P. W. 14), who had his office room opposite to the police station, said he saw the accused entering the police station with M.O. 1 on which he saw blood at 2-30 p.m. that day.