THAVASI Vs. STATE

JUDGEMENT

(1.) THE two appellants (Thavasi and Mayandy) seek to question their convictions for offences under sections 457, 393, 394 and 392 read with 397.

(2.) BRIEFLY the facts as spoken to by P. W. 1 and P. W. 3 and corroborated by the testimony of P. Ws. 4, 5, 6, 7 and 8 are : P W. 1 is the younger brother of P. W. 4 and the daughter of P. W 4 is Gangabai (P. W. 3) They all live in the same house. On 17-8-69 night P. W. 1 was sleeping on the outer pial. At about 1. 30 A. M. Ganga Bai P. W. 3 raised an alarm saying that the thief is snatching her neck chain. They were then sleeping inside. As P. W. 3 Gangabai came out and cried P W. 1 asked her to call for help of the neighbours by raising an alarm from the street and P. W. 1 entered the house. One of the electric lights was burning. He found A. 2 and P. W. 4 grappling each other. He also found Al and P. W. 5 grappling each other and rolling on the ground. P. W. 1 attempted to rescue P. W. 5. Al. Thavasi had a knife in his hand and attempted to stab P. W 1. P. W. 5 Mohan intercepted. P, W. 1 had a slight scrach by the contact of the knife, on his left forearm. By that time, neighbours gathered and they beat the two accused with sticks. P. Ws. 6, 7. 8 and one Dharmalingam and another came into the house and beat the two accused. P. W. 4 received an injury due to stab on his chest. P. W. 5 received a stab injury on his left eye brow, P. W. 6 received an injury a contusion on his forearm. P. W. 8 received a stab injury on his head. P. W. 7 received an injury on his head which was bleeding. One of those who came into the house put on another light. P. W. 4 and P. W. 5 were taken to the hospital at Sirudaiyur for treatment. P. W. 1 proceeded to the Sirudaiyur police station. Ex. P1 is the report given by P. W. 1 to the police. P. W. 3 Gangabai complained that she had a burning sensation on her head. She felt her head and found a lacerated wound on her head. M. O. 1 and M. O. 2 are the bitchuvas with their sheaths and M. O. 3 is the torch light and M. O. 4 is the casuarina stick which were recovered by the Sub-Inspector. The thieves had gained entry into the terrace by the back side by climbing over the wall. P. W. 1 was also treated by the Doctor on 18th morning for the injury sustained by him. The testimony of P. W. 1 is corroborated by the evidence of P. W. 3 who stated that her brother, P. W. 5 her paternal uncle, P. W. 1 and her father P, W. 4 were living in the same house. On 17-9-69 night they were sleeping in the central hall of their house. P. W. 3. P. W. 5 and P. W. 4 were sleeping inside. She had a feeling that somebody was snatching the gold neck chain which she was wearing. She woke up. She saw two persons standing in front. She was able to see the two strangers. She raised an alarm. Her father caught hold of one of the thieves and her brother caught hold of the other. She ran outside and raised a cry and woke up P. W. 1. Neighbours came to their rescue. She speaks to the bleeding injury on her father, brother and others. She went to Lalgudi hospital and had treatment for her head injury. She said that she was wearing the same chain which she was wearing. The learned Sessions Judge gave the finding that the accused had entered into the house through the doorway of the upstairs by removing the door which was rickety even according to the admission of P. W. 1. Having entered into the house, armed with deadly weapons, viz. bichuvas and casuarina post which they had previously brought with them, one of them should have attempted to snatch the gold chain from the neck of P. W. 3 on which she woke up and raised an alarm. The injuries on P. W. 4 and P. W. 5 are of considerable seriousness. Even P. W. 6 sustained an injury. The other victims also had injuries which were caused either with bichuvas or casuarina sticks.

(3.) THE plea of the accused that they were invited for card playing in the house of P. W. 1 by some unknown strangers when they were standing on the road side at the tea shop sounds more like a fairy tale which has been rightly rejected by the Sessions Judge.