KARUPPUSAMY GOUNDER Vs. STATE

JUDGEMENT

(1.) The appellants 1 and 2 have assailed the judgment of the Principal Sessions Judge, Coimbatore finding A-1 guilty under S.302 read with S.34 of I.P.C. and A-2 under S.302 of I.P.C. and awarding them life imprisonment.

(2.) In the trial court, a charge under S.302 of I.P.C. was framed against A-2, while a charge under S.302 read with S.34 of I.P.C. was framed against A-1 alleging that they caused the instantaneous death of one Nayagam, the first wife of A-1, and in that course, A-1 hit the deceased with stones on her head, while A-2 stabbed her with a knife on different parts of the body.

(3.) Short facts of the prosecution case can be stated thus: P.W.2 Subbathal was living at Puthukaaduthottam. The deceased Nayagam, the daughter of P.W.2 was given in marriage to A-1 25 years before the occurrence, and the marriage was dissolved in the year 1980. From the time, the deceased was living with her mother P.W.2 at Puthukaaduthottam. Both of them owned three acres of land, wherein their house was situated. A-1 owned the adjacent land, situated on the northern side. Though A-1 was residing with his second wife Eswari, the sister of A-2 at Chenjarimalai, he had a thatched shed and also a cattle shed in his land. P.W.2 and her daughter, the deceased Nayagam desired to sell their lands. Knowing the same, the appellants 1 and 2 approached P.W.1 and the deceased and expressed their willingness to purchase the same for a consideration of Rs.30,000/-, to which P.W.2 and her daughter flatly refused. Aggrieved accused sent a notice through a lawyer. Not satisfied with the same, both the accused approached P.W.2 and the deceased, ten days before the occurrence and intimidated them by uttering "if you do not sell the property to us, either you should die or we should die". P.W.1 Santhamani, the granddaughter of P.W.2's sister, who was residing at Malaimandiripalayam, came to the residence of P.W.2 on 10.6.1993 to enquire the health condition of the ailing deceased Nayagam. P.W.1 on request by P.W.2 stayed over that night. The next morning, the deceased Nayagam complained of hypertension. She did not take any food. P.Ws.1 and 2 took their breakfast. On 11.6.1993 at about 11.00 A.M., the deceased Nayagam came out of the house to go for medical treatment at Sulthanpet. P.Ws.1 and 2 also came out of the house to go to Malaimandiripalayam. When all of them came out of the house, the deceased proceeded on the westwards, while P.Ws.1 and 2 walked on the east. Within a few seconds, P.Ws.1 and 2 heard the cry of the deceased and turned back. P.Ws.1 and 2 witnessed A-1 stabbing the deceased at her stomach and the back of the neck with M.O.1 knife. The deceased Nayagam fell down. Immediately, A-2 took M.Os.2 and 3 stones and gave a direct hit on her head. Nayagam met with instantaneous death, as a result of the said injuries. A-1 with knife accompanied by A-2 fled away from the scene of occurrence.