THYAGARAJAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned principal Sessions Judge, Salem, rendered in Sessions Case No. 189 of 1988, dated 30/04/1986, convicting the appellant/accused under S. 302 of the Indian Penal Code and sentencing him to undergo life imprisonment, for having murdered his father Arunachalam, by attacking with a crowbar on his head at about 11.00 p.m., on 5-4-1985, at his residence in Rasipuram, Salem District, within the limits of Rasipuram police station, as committed to by the Judicial II Class Magistrate, Rasipuram, in P.R.C. No. 9 of 1985, on 13-9-1985.

(2.) The case of the prosecution as held out from the recorded and documentary evidence before the Sessions Judge are briefly stated as follows :-

(3.) On 5-4-1985, at about 11.30 p.m., when PW 1, Rajendran, the Village Administrative Officer at Koneripatti village, was in his office, the appellant/accused appeared before him with the crowbar MO 1 and gave the confessional statement Ex. P.1. PW 1 recorded Ex. P.1 wherein the appellant/accused had stated that he had been working in a soda factory on daily wages, that he intended to start a soda factory of his own and therefore he insisted his father, the deceased, to get a loan for him on their residential house for which the deceased refused, that thereupon on 5-4-1985 at about 11.00 p.m., when his wife and children were sleeping inside their house and his father was sleeping outside the house in a cot, he forcibly beat his father on his head with crowbar MO 1 and that he had rushed to PW 1, along with the crowbar MO 1.