DESIGAMANI DEIVASIGAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal arises from the judgment of the Additional Sessions Judge, North Arcot at Vellore in Sessions Case No. 11 of 1985 dated 26.4.1985 convicting and sentencing the appellant to undergo imprisonment for life under Section 302 I.P.C. and to rigorous imprisonment for one year under each of the four counts under Sec. 324 I.P.C., all the sentences being ordered to run concurrently. The charges against the appellant are that on 13.9.1984 at about 7.00 p.m. at Melapulampudur Colony, within the jurisdiction of Kaverinakkam Police Station, he committed the murder of Kadirvelu by attacking him with a stick and caused hurt to Yasodha, wife of the deceased Radirvelu, arid to Danasekaran and Thiagarajan, sons and Paripooranam, daughter of the deceased with the same stick. As such, the appellant remains charged under Sections 302 and 324 (four counts) IPC. The appellant has pleaded not guilty to the charges.

(2.) The prosecution case briefly stated is this:

(3.) When the appellant was examined under Section 313 Cr. P.C. with reference to the incriminating circumstances appearing against him in the evidence, he stated that there was dispute over the land between him and the deceased Kadirvelu and that at about 7 P.M. on the date of occurrence,when he was proceeding towards his cattle-shed, the deceased Kadirvelu abused him in vulgar language, that the appellant suggested that the deceased Kadirvelu should safeguard his respect, that the deceased retorted by saying that the appellant deserved no respect and that by so saying the deceased took a velikathan kombu and beat the appellant. The appellant stated that he snatched that stick from the deceased and wielded it as the inmates in the house of the deceased came with iron pipe, knife and stick and that thereafter the appellant ran away. No witness was examined on his side.