PAULSAMY Vs. STATEREP

JUDGEMENT

(1.) The sole accused is the appellant before us, who has been proceeded against for the alleged offence on 7.12.95 at 7.00 p.m. when he is stated to have caused the death of one Shanmugam. The appellant, hereinafter, will be referred to as 'the accused'. He was convicted and sentenced for life imprisonment under Section 302 I.P.C., as against which, he has come forward with this appeal.

(2.) The brief facts relating to the occurrence was that the deceased and the accused are neighbours. They belong to the same place called Azhagunachiyarpuram. About six months prior to the date of occurrence, the brother of the accused, one Lingasamy is stated to have eloped with the wife of P.W.1. Pursuant to which, a panchayat was convened, in which, the wife of P.W.1 was restored to the matrimonial company of P.W.1. On the date of occurrence, that is, on 7.12.95, at 7.00 a.m. when the mother of the accused was fetching water at the water pump near her residence, the deceased also stated to have went there to fetch water. A quarrel ensued between the mother of the accused and the deceased. P.W.1 is stated to have pacified the quarrel and brought back the deceased, who is his father. While so, on the same day, around 7.00 p.m., when P.W.1, P.W.2 and one other maternal uncle of P.W.1 along with the deceased were talking in front of their house, when P.W.1 was advising the deceased not to fight with the family of the accused, the accused appeared there along with M.O.1, aruval, and by saying that he will close the deceased, cut the deceased. When the deceased attempted to ward off the cut, his hands were cut by the assault. The accused, thereafter, cut the deceased on his neck, on the right flank and also at the back of the deceased. When the witnesses shouted on seeing the attack on the deceased, the accused is stated to have ran away towards west. When the deceased was checked, he was found to be dead. Thereafter, P.W.1 went to Karivalam Vanthanallur police station and gave Ex.P.1 complaint, which was registered by P.W.10, the Sub-Inspector of Police, at 8.30 p.m. P.W.10 registered the complaint as Crime No.427 of 1995 under Section 302 I.P.C. and prepared Ex.P.12, F.I.R. and forwarded the same to the higher officials.

(3.) P.W.11, who was the Inspector of Police, on receipt of the information about the registration of the crime, took up investigation and visited the place of occurrence at 10.00 p.m. and prepared a rough sketch, Ex.P.13. Thereafter, he also prepared Ex.P.2, the observation mahazar and conducted the inquest between 11.30 and 2.00 a.m. of 7/8.12.95. Ex.P.16 is the inquest report. He also examined the witnesses at the place and recovered M.O.2, the blood-stained earth and M.O.3, the sample earth along with a white towel, M.O.4 under Ex.P.3. He arrested the accused on 8.12.95 at 7.00 p.m. in the presence of P.W.4 and based on the admissible portion of the statement, Ex.P.4, given by the accused, who took the police party to a water tank at Karivalam Vanthanallur around 7.45 p.m., where near a bush, M.O.1, the aruval, was recovered along with M.O.5, the blood stained shirt, which were recovered by P.W.11 under Ex.P.5. In between, P.W.11 sent the body of the deceased for conducting necessary post-mortem along with a requisition.