THALAVAI Vs. STATE

JUDGEMENT

(1.) The appellants have preferred this appeal from the judgment and sentence passed by the learned District Additional Sessions Judge, Tirunelveli in S.C.No.186 of 1993.

(2.) The appellants herein ranked as A-1 and A-2 respectively along with A-3 one Arumuga Thevar faced a trial before the Court of Sessions, where the first appellant was charged under S.302 of I.P.C., while the second appellant was charged under S.302 read with S.109 of I.P.C., and the third accused was charged under S.302 read with S.114 of I.P.C. The learned Additional Sessions Judge found both the appellants guilty on the above charges and awarded life imprisonment, while he acquitted the third accused.

(3.) The case of the prosecution can shortly be stated as follows: P.W.1 Ramasamy Pillai was residing at Cheranmahadevi. His daughter P.W.2 Puspam was given in marriage to the deceased Velu. The deceased Velu and the second appellant/A-2 were brothers. The first appellant/A-1 is the son of A-3. The second appellant had illicit contact with a lady by name Lakshmi in Mukkoodal. The deceased Velu questioned the second appellant over the same. One day, Velu beat the said lady in a public bus stand. Aggrieved over the same, all the three accused damaged the house of Velu's first wife. On an another occasion Velu found all the three accused with the said Lakshmi and questioned about the same. The first accused made an attempt to cut the deceased Velu, but it fell on the second accused. On a complaint, a case was registered against the accused, and the criminal case was pending. Thus, there prevailed enmity among them. A-2 with the help of A-1 and A-3 decided to murder Velu, and they planned for the same. On 2.4.1991 at about 2.30 P.M., while Velu was speaking with P.W.1 Ramasamy Pillai and P.W.2 Puspam and others near the house, A-1 and A-3 from the other bank of the Canadian Channel called Velu by shouting at him and using filthy language. The deceased Velu crossed the Canadian Channel. A-1 was armed with a Velkambu and A-2 was armed with a knife. The deceased Velu, who went nearby, on seeing this, turned and was about to return. Immediately, A-1 uttered "It was he who attacked. Cut him. Fist him." So saying, he stabbed Velu with M.O.1 Velkambu. The whole occurrence was witnessed by P.Ws.1 to 3. On seeing the witnesses running to the place of occurrence, the accused left the scene of occurrence with weapons. P.W.4 Sivasubramanian came to the scene of occurrence immediately after the occurrence. All the witnesses found Velu dead, lifted his body and brought to P.W.1's house. P.W.1 went to Cheranmahadevi Police Station to lodge a complaint. P.W.9 Madhavanpillai, Sub Inspector of Police recorded Ex.P1 complaint given by P.W.1 and registered a case in Crime No.100/91 under S.302 of I.P.C. Ex.P12 First Information Report was despatched to the Court. On receipt of the copy of the First Information Report, P.W.12 Chidambaram, Inspector of Police, proceeded to the scene of occurrence, made an inspection and prepared Ex.P2 Observation Mahazar in the presence of two witnesses and Ex.P19 rough sketch. He recorded the statements of P.Ws.1 to 4. He made the inquest over the dead body of Velu from 9.00 P.M. to 12.00 A.M. and prepared Ex.P20 inquest report. The Investigation Officer sent the dead body to the Government Hospital, Ambasamudram, through P.W.7 Mariappan, a Constable, for postmortem with Ex.P17 requisition. At about 12.15 A.M. the Investigation officer recovered M.O.3 bloodstained brick, M.O.5 bloodstained earth and M.O.6 earth without bloodstain under Ex.P3 mahazar.