SOUNDARPANDI Vs. STATE

JUDGEMENT

(1.) THIS appeal is preferred by the accused in S.C. No. 6 of 1980 on the file of the Court of Session, Madurai Division challenging the correctness and validity of the judgment, convicting him under Section 302, I.P.C. and sentencing him to imprisonment for life.

(2.) THE crux of the indictment of the prosecution is that, on 15-9-1979 at about 1.30 p.m. in the Bazaar Street at Chinnalapatti village, the appellant (accused) caused the death of Kalyani, hereinafter referred to as the deceased, by cutting him with an aruval (bill-hook) M.O. 1 on the upper part of the left shoulder, on the right scapula, on the left side of the neck, on the ankle of the left leg and other parts of the body and thereby made himself liable to be punished under Section 302. I.P.C. To substantiate the above charge, the prosecution has examined P.Ws. 1 to 14 filed Ext. P-1 to P-18 and marked M.Os. 1 to 12.

(3.) ON the morning of the date of occurrence, the deceased went out of his house after informing him mother P.W. 3 that he would go to the shop of P.W. 1 and persuade him to get him reinstated in service. After the deceased had left the house, P.W. 3 went to Ambathurai for the purpose of making a courtesy call on the wife of P.W. 2, who had been admitted in clinic known as Sarojini Clinic for acute stomach pain, and returned home at about 12.30, that afternoon. Subsequently, as the deceased had not returned home by then, she went in search of her son through the Bazaar Street. In the meantime, the deceased went to the shop of the accused where P.W. 8 and Selvam were alone present. The accused had been to his house for the purpose of taking his mid-day meal. The deceased asked P.W. 8 and Selvam whether it was proper for their master (the accused) not only to have instigated P.W. 1 to terminate his services but also to threaten his life. So saying, he was standing in from of the shop of the accused, facing west. P.W. 8 sent word to the accused through Selvam.