NAGARAJAN Vs. STATE

JUDGEMENT

(1.) The appellants have assailed the judgment of the Court of Sessions, Kamarajar District at Srivilliputhur, wherein they were found guilty under S.302 read with S.34 of I.P.C. and awarded life imprisonment.

(2.) Both the appellants/accused stood charged under S.302 read with S.34 of I.P.C. alleging that on 4.5.1992 at about 11.00 P.M. in front of Kamarajar Nagar Girls High School, due to prior enmity on money transactions, both the appellants stabbed the deceased Periasamy indiscriminately, and consequently, the said Periasamy died instantaneously.

(3.) The facts which led to the said case, can briefly be stated as follows: P.W.1 Mariammal was a resident of Duraisamiapuram, Rajapalayam. The deceased Periasamy @ Ayyarettu, the son of P.W.1 was residing with her and was selling Kanja. The deceased owed the first accused Rs.200/-, which he borrowed earlier i.e. one day prior to the occurrence. At about 9.30 P.M., the deceased was selling ganja before Meenakshi Theatre. P.W.6 Sonaimuthu was also standing nearby. At that time A-1 who came there made an admission of the said sum and put his hand into the pocket of the deceased. Looking at this, P.W.6 intervened and enquired about the same, and the deceased admitted that he owed Rs.200/- to the first accused. P.W.1 advised him to make the payment earlier. A-1 informed the deceased that he should make the payment within a week, and otherwise, he has to face dire consequences. On the date of occurrence viz. 4.5.1992 at about 8.30 P.M., P.W.1 and the deceased were in the house. One Periasamy and Ayyar called the deceased to come for hunting. Accordingly the deceased took his dog, a bag and a rope and started with them. P.W.3 Ramar, P.W.4 Paulraj, P.W.5 Kamaraj, Dharman, Azhagirisamy, Periasamy and Velusamy all accompanied them. When all of them went near Meenakshi Theatre, both the accused intercepted the deceased and took him assailed. The deceased requested the above witnesses, who accompanied them, to proceed further stating that he would join them later. At about 11.30 P.M., P.W.8 Vanamurthy found both the accused with their shirts with bloodstain in a School near Rajapalayam Bus Stand. Both the accused came to the tea shop of P.W.9 Chandran. At or about that time, when P.W.9 and P.W.10 Gopal were present, both the accused washed their hands in the water tub placed in front of the shop. All the witnesses returned from hunting at about 4.00 A.M. on 5.5.1992. At about 6.00 A.M., as usual P.W.1 woke up, opened the doors and went outside. She found her dog being tied and the bag and rope which were taken by the deceased were lying outside. Her younger son Vellaiyyan came there and informed her that her elder son Ayyarettu was found murdered near Girls High School. P.W.1 rushed to the site of incident and found the dead body of her son, the deceased.