SEETHAPATHY Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of the learned Principal Sessions Judge, Madras made in S.C.No.104 of 1994 finding the appellant/accused guilty under Ss 302 and 324 of Indian Penal Code and awarding him life imprisonment and also a fine of Rs.2,000/- and in default to undergo two months R.I.

(2.) The appellant/accused stood charged under Ss 302 and 324 of I.P.C., alleging that he caused the death of his brother Raghupathy by stabbing him with a knife due to previous enmity; and that he also caused injury to one Ravindran who interfered at the time of the said occurrence at 6.30 P.M. on 29.10.1992 at Door No.117, Ennore High Road, Tondiarpet, Madras.

(3.) The short facts necessary for the consideration of this appeal can be stated as follows: One Bhoopathy Naicker, father of the appellant/accused Seethapathy and his elder brother, the deceased Raghupathy, was running his steel factory by name Balaji & Company at No.117, Ennore High Road, Tondiarpet, Madras. The appellant, his brother the deceased, their brother-in-law P.W.2 and some of the relatives were working in the said factory. During the relevant time, P.W.1 Ravindran was working as Accountant in the workshop. The families of the accused and the deceased Raghupathy were living in separate portions of the same house, situated in Samiyar Thottam of Tondiarpet. A few days prior to Deepavali which fell on 25th October, 1992, Raghupathy's wife P.W.4 Dhanalakshmi, had a wordy quarrel with Rukmani, the wife of the deceased. During the said quarrel, the deceased Raghupathy intervened and beat Rukmani with hand. At that time Rukmani's thali with string snapped and fell to the ground. Rukmani was angry that her husband did not come to her rescue and ask anything on her behalf. Despite the same, her husband kept quiet. Not satisfied with the said incident and the conduct of her husband, Rukmani left to her parents' house and refused to come back. Despite the efforts by the accused, she did not come to the matrimonial home. The above made the accused to wait for an occasion to take revenge against his elder brother. On 29.10.1992, at about 6.30 P.M., the accused was doing his work within the factory premises, when P.W.1 was looking after his accounts work. As usual, the deceased brought a gunny bag, unfolded the same, placed the metal oars contained therein and asked P.W.1 to weigh the same. The accused who came near the deceased, shouted at him that because of he, his family has become ruined and so saying, pushed the deceased Raghupathy with his hand. When Raghupathy fell down, the appellant took out a knife from his waist and stabbed him indiscriminately all over the body. When P.W.1 Ravindran interfered and asked the appellant not to do so, he received a cut injury on his right hand index finger. Hearing the cry of the victim and P.W.1, all the workers including P.W.2 Jayavel and P.W.3 Manoharan came to the scene of occurrence from the other part of the factory. The deceased who was lying in a pool of blood, was put in an auto rickshaw and was taken to the Government Stanley Hospital by P.W.3. P.W.6 Dr.Duraisamy admitted the injured Raghupathy at 7.05 P.M. The injured Raghupathy gave a statement to the Doctor that he was cut with a knife by a known person at 6.35 P.M., which was recorded by the Doctor.