RAJENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Accused 2 and 3 in Sessions Case No. 107195 on the file of Sessions Judge, South Arcot District, Cuddalore, are the appellants. The appellants and Natesan and Pichaikara Gounder, who were arrayed as accused 1 and 4 respectively faced trial before the learned trial Judge. The charges were that (i) on 23/11/1984, at about 6.00 P.M. at Nathamedu village, in the garden of Jayaram, accused No.3 with intention to cause the death of Andal, beat her with iron crow-bar on her head on the left and right sides and caused her death and hence liable to be punished under section 302, Indian Penal Code.

(2.) The prosecution case is briefly as follows:

(3.) Varadharajan, the elder brother of Dhanam and Andal is living at Ulundhandarkoil. The accused asked Varadharajan to give his daughter Anjalai in marriage to the second accused 10 days prior to the occurrence. Dhanam and. Andal objected to the, proposal and told Varadharajan not to give his daughter in marriage to accused No.2, since there is dispute between the accused and P. W: lover the family lands. On the fateful day. Manonmani wife of Varadharajan had come to P.W. ls House. P.W. 1 went to Kalpattu to purchase lice for household use and returned to the house by about 6.00 P.M. By then Manonmani and Andal were talking loudly about the proposal to give Anjalai in marriage to accused No. 2; Manonmani was telling that she is going to give her daughter in marriage to accused No.2; whereas Andal objected to it and there was mutual shouting. On hearing it all the four accused came out of the house and third accused shouted at Andal saying that she, is preventing the alliance and so he is going to finish her off. for which Andal retorted. Accused No.3 ran into the house and came out with the crow-bar M.O. 1 and beat on the head of Andal twice. On receipt of the beatings. Andal fell down. speechless. P.W. 1 rushed to the scene scolding the accused for having beaten Andal. Accused No.4 told the other accused to finish him off and so saying caught hold of him. Accused No.2 snatched M.O. 1 from the hands of accused No.3 and beat P.W. 1 on the left fore-arm. At that time, P.W. 2 Lakshathipathi intervened and the beating fell on his left hand also. On receiving the beating P.W. 2 stepped aside. Accused No.2 hit P.W. 1 with M.O. 1 crow-baron his fore-head. Accused No.1 beat P.W. 1, with M.O. 2 firewood stick. P.W. 3 vadivel and Manoharan separated them. They also bandaged the injury on the head of Andal with a wet cloth. On the intervention of P.W. 3 and Manoharan, the accused fled away from the scene with the crow-bar.