PERIYANNA GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal arises from the judgment of the Sessions Judge, Periyar Division at Erode in Sessions Case No.74 of 1985 dated 31.10.1985 convicting and sentencing the appellant to undergo imprisonment for life under Section 302, I.P.C. The charge against the appellant was that on 29.4.1985 midnight at 12-15 a.m. (00.15 hour on 30.4.1985) at Surampattivalasu within the limits of Erode South Police Station, with the intention of causing the death of the deceased Veni alias Krishnaveni, the appellant stabbed on her abdomen with a pen-knife as a result of which the deceased died at 12-lOp.m. on 30.4.1985 at the Government Headquarters Hospital, Erode. The appellant pleaded not guilty to the charge.

(2.) Briefly stated, the prosecution case is as follows:

(3.) When the appellant was examined under Section 313, Cr. P.C. with reference to theincriminating circumstances appearing against him in the evidence, he denied that he stabbed the deceased and stated that he used to get money from P.W.1 for drinking arrack, but not from the deceased. He added that on the day prior to the occurrence, that is on Sunday, he took his food in the house of the deceased and went away and he did not go there till Tuesday when only he came to know of the death of the deceased and the police arrested him at 2.00 p.m. He admitted that P.W.2 who is having a lungi factory near the house of the deceased, was sleeping in the said factory and that the street light was burning. He further stated that the deceased might have made a dying declaration to the Magistrate. No defense witness was examined.