IN RE: KANNAN Vs. STATE

JUDGEMENT

(1.) THIS is a case in which there can be no doubt or dispute as to whether the appellant -accused has caused the death of the deceased Kannayiram. But the only point which requires consideration is whether the offence comes within the ambit of Section 302 Penal Code or whether it is reduced to one under Section 304, Penal Code.

(2.) THE prosecution case is short and simple. There have been instances of previous ill -feeling between the accused and the deceased, On 2 -4 -1952 at about 4 p.m. when the deceased, his mother P.W. 1 and another person P.W. 2 were returning from a shandy along the village street, had passed certain houses and approached the house of the accused, the mother of the accused came out and abused the mother of the deceased, P.W. 1 in a very' vile and foul language. There was exchange of words between the two women. The deceased sat in front of one Arunachala Goundan's house. Thereafter it is stated that the accused's mother advanced with a broomstick and brandished it against the deceased. On hearing this confusion and noise the accused, who was in his shop, came out and there was exchange of words between the accused and the deceased, then P.W. 3, a neighbour, who was there, intervened and separated them. At that time the accused is alleged to have taken out a pen -knife from the pocket of his shorts and given a stab to the deceased on the left chest. The injury, according to the doctor, was & very serious one, which resulted in immediate death. The deceased fell down and died instantaneously. P.W. 5, a brother of the deceased, who came on the scene, straightaway went to the village Munsiff', P.W. 9 and gave him a, complaint at 4 -30 p.m. which is marked in the case as Ex. P. 3. The body of the deceased was taken from the place, where he fell down and put on a cot in the vicinity. The accused is also alleged to have gone straightaway to the Village Munsiff and asked him for protection. The Village Munsiff detained him and sent a report to the Police. The Police officer, P.W. 13, arrived on the scene at about 6 a.m. the next day. The accused was in the Village Munsiff's house and was taken into custody. The Sub -Inspector investigated the matter & a charge sheet was filed against the accused which resulted in a committal to the Sessions Court and subsequent trial by the Sessions Judge. The Sessions Judge found him guilty of an offence under Section 302, Penal Code and imposed the extreme penalty of law. Though, according to P.W. 9 the accused admitted the offence of stabbing the deceased and prostrated before P.W. 9 imploring him to save him, both before the Committing Magistrate and the learned Sessions Judge the accused did not admit having stabbed the deceased. He gave a version, which, on the face of it, cannot be accepted. Before the Sessions Judge, he has stated that he was not having any knife and that he did not know what he did in his anger.