CHINNAN ALIAS FRANCIS Vs. STATE

JUDGEMENT

(1.) THIS appeal is by the first accused in S.C. No. 181 of 1985 on the file of the Sessions Judge, Cuddalore, challenging his conviction for offences under Sections 304 Part II and 326 of the Indian Penal Code and sentence of imprisonment for five years and three years respectively.

(2.) THE Appellant and his co -accused (second accused) were tried for offences under Sections 302, 307, 324 and 323, I.P.C., in that on 10 -4 -1985 at about 9.00 p.m. in Alagappa Samudram Colony, they caused the death of the deceased Moses, the Appellant stabbing him on his stomach and right hand, stabbing P.W.1 indifferent parts of the body and causing injuries to Jothi alias Sebastian, while the acquitted accused (second accused) assaulted P.W.2 with a stick on the left shoulder.

(3.) ABOUT six months prior to the occurrence, the Appellant had borrowed some money from P.W.1 and since the same had not been repaid, P.W.1 on the date of the occurrence at 9.00 p.m., went to the shop of the Appellant and asked the money back.' The Appellant did not answer, while P.W.2, who came that side, asked the Appellant as to why he should not repay the amounts borrowed. The Appellant replied that he had not borrowed any money from P.W.2. At that time, the deceased who came there also suggested, that the money borrowed should be repaid and that they need not quarrel over that issue at that part of the night. The Appellant immediately went into his shop, brought out M.O.1 pen knife and stabbed the deceased on the abdomen and again on the right hand. P.W.1 raised alarm and the Appellant stabbed P.W.1 on the stomach, right hand, left shoulder and left flank. P.W.2 intervened and he was assaulted by the acquitted accused on the left shoulder. Then, the Appellant and the acquitted accused left the scene. The deceased, P.W.1 and Jothi alias Sebastian were taken to the bus stand and from there, in a bus, to the hospital at Panruti. [Narration of facts omitted -Ed]