NARAYANASWAMI Vs. STATE

JUDGEMENT

(1.) THIS referred trial and criminal appeal arise out of the judgment of the learned Sessions Judse of East Thanjavur, who found the two appellants (accused 1 and 2) guilty of the offence of murder under Section 302 I. P. C. and sentenced the first accused to the extreme penalty of law subject to confirmation by this court and the second accused to imprisonment for life. Accused 3 to 5 were also charged for the offence of constructive liability for murder under Section 302 read with Section 149 IPC and they were acquitted. All the accused were charged for rioting under Section 148 I. P. C, but they were all acquitted of that charge. The main charge against the accused is that on 29-10-1970 at about 7-30 p. m. the deceased Palani-velu was murdered by the party of the accused. Accused 1 and 2 are brothers. The third accused is the son of the second accused. The fourth accused is the nephew (son of the sister) of accused 1 and 2 and the fifth accused is the son of the first accused's brother-in-law. Thus members of one family arp involved in the case.

(2.) THE case of the Prosecution as regards the motive is ill-feelings arising out of recent Panchavat election held in July 1970, at Veppancheri which is a hamlet of Keeza Pandi Vattam. the village of the party of the deceased. At that election one Selvam son of the first accused and one Kanagasundaram son of the brother-in-law of the first accused contested the elections supported by the Congress party. They were opposed by one Ramaswami Thevar supported by the D. M. K. party. The party of the accused were sympathisers of the Congress party while the deceased Palanivelu was a sympathiser of the D. M. K. partv and worked for the D. M. K-partv which ultimately succeeded in the elections. Palanivelu was responsible for the success of the candidates and conseauently, the case for the prosecution is, that ill-feelings arose between the party of the accused and the deceased Palanivelu. It is true that the prosecution has relied upon this election dispute as the motivp for the murder, but, even at the threshold we may sav, that wp are not satisfied that that is the real motive. The main case for the occurrence (if at all there was one) was a auarrel and some sudden outburst, i. e. there must have been some auarrel on the dav of the occurrence, whoever may be the parties thereto.

(3.) THE case of the prosecution is that on the day of the occurrence 2910-1970, a day after the Deepavali. at 6-30 p. m. PW. 1. Dakshinamurthi, one Muru-gesan, the deceased Palanivelu and others were hearing news on the Radio at the panchayat Board Office, that the first accused came there wj. th a cane abusing Veppan-cheri villagers in general- At that time accused 3 and 4 and the son of the first accused were also hearing the radio, that on seeing the first accused, the deceased made certain cvnical and sarcastic remarks humiliating the first accused, that PW. 1 and Muruaesan laughed eniovin? the fun at the sarcastic observations of the deceased and that the fourth accused who did ndf relish this warned the deceased saving that the partv of the deceased could see for themselves as to what would happen in a short time thereafter. The first accused left the Dlace in anger. The further case of the prosecution is that at about 7-30 p. m. P W-1 and Pala-nivelu, the deceased, after hearinp the news on the radio at the Panchavat Board office were proceeding towards their house in Veepancheri and that when thev were iust opposite to the house of one Kalavan-sundara Thevar, P. W. 4 the partv of the deceased saw all the five accused coming from the opposite direction, accused 1 to 4 ;|ach armed with a bitchuwa knife the fifth accused with a vel stick, that on seeing the deceased Palanivelu the first accused observed: