KRISHNAN Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of the Sessions Judge, Villupuram in S.C.No.40/94 wherein the appellant/accused was found guilty under S.302 of I.P.C. and awarded life imprisonment.

(2.) The appellant/accused stood charged for murder alleging that due to irrigation dispute, he attacked the deceased Gopal on his head with a koduval on 27.10.1992 in his field at Kaattu Edayyari; that the severely injured Gopal was admitted in the Government Hospital, and consequently, he died on 11.11.1992.

(3.) The short facts necessary for the disposal of this appeal, can briefly be stated as follows: The appellant, the deceased Gopal and P.W.1 Arumugam, P.W.2 Inniyasi and P.W.3 Annadurai belonged to Kaattu Edayyari Village. On 27.10.1992 P.Ws.1 to 3, the appellant and the deceased Gopal were carrying on their agricultural operations in their respective fields. At about 4.30 P.M., the appellant diverted the water course to his field. Looking at this, the deceased requested him that he would wait for some time, so that he would get the required water. Despite the resistance, the deceased diverted the water course. Immediately, the appellant took M.O.1 koduval and gave a blow on his head, and the deceased fell down. The whole occurrence was witnessed by P.Ws.1 to 3. The appellant fled from the scene of occurrence. The witnesses carried the deceased to the nearby bus stop. On the way, they informed P.W.5 Unnamalai, the wife of the deceased and P.W.6 Chittravelu. The deceased was taken to the Government Hospital at Thirukoilur. P.W.4 Dr.Girija who was on duty at about 9.00 P.M. admitted the victim, examined him and found the following injuries. 1. Lacerated wound right side of scalp 3" x 1" x bone depth. 2. C/o pain right check C/o Numbness of left hand. Partial weakness of F1 F2 F3 present Ex.P1 is the accident register in respect of the treatment given to the deceased. P.W.4 Doctor issued Ex.P2 intimation to Rishivandyam Police Station.