EBINEZER Vs. STATE

JUDGEMENT

(1.) Ebinezer alias Bhaskar, who was A-3 in SC No. 141 of 1985 on the file of Court of Session, Chengalpattu is the appellant. He was tried along with Varadan and Nagesh (A-1 and A-2) on a single charge, framed under S. 302 read with S. 34, Indian Penal Code, for having caused the death of deceased Damodaran, by the appellant attacking him with a knife on his left shoulder, right chest and back indiscriminately, A-1 attacking the victim with a knife on his head and A-2 cutting the deceased with a knife on his right shoulder at or about 6 a.m. on 2-9-1984, near the Block Development Office on the Tiruvottiyur High Road, at Minjur.

(2.) Learned Sessions Judge found the appellant guilty under S. 302 Indian Penal Code (simpliciter) and sentenced him to undergo imprisonment for life. A-1 and A-2 were acquitted, to our mind, without sufficient cause.

(3.) The prosecution case in brief is as follows:- Deceased Damodaran and P.W. 5 Chandra are the son and daughter of Puttan, a resident of Lakshmipuram colony. The deceased was the maternal uncle of P.W. 3 Saroja. P.W.3 was living adjacent to the house of Puttan. Appellant Ebinezar alias Baskar is the son of Krishnan, younger brother of Puttan. He was also residing in Lakshmipuram colony. Puttan and Krishnan has another brother Mannar. P.W. 1 Balaraman is the son of Mannar. P.W. 2 Bonda alias Nagamma is another resident of Lakshmipuram colony. P.W.5 Chandra, who was married to Ramadoss (not examined) was living with her husband at Gounderpalayam. P.W. 6 Subbamma is the neighbour of P. W. 5. A-1, since acquitted, is the younger brother of the husband of A-3's elder sister. A-2.(since acquitted) is the pangali of A-3, deceased and P.W. 1. P.W. 1 did not reside in Lakshmipuram colony, but was residing at Pongampedu colony in the house of Advocate Damodaran (not examined). P.W. 1 was working under Advocate Damodaran. Advocate Damodaran had lands. They were also taken care of by P.W. 1.