RAJENDRAN Vs. STATE

JUDGEMENT

(1.) RAJENDRAN (A -2) in S.CNo.98 of 1985 on the file of the Principal Sessions Judge, Periyar District at Erode, has preferred Crl.A.No.198 of 1986 while A -l Nataraja Gounder in the same sessions case has preferred Crl.A.No.212 of 1986. Both of them challenge the sustainability of the verdict of the Sessions Court convicting the latter under Sec.302, I.P.C. and imposing life imprisonment and convicting the former under Sec.323, I.P.C. and sentencing him to undergo six months rigorous imprisonment.

(2.) THE occurrence, which led to this prosecution, had taken place at or about 7 a.m. on 13.5.1985 at Santhikattu thottam situated in Eerasanam Patayam Village. The appellant sarestated to have attacked fatally Palanisaniy Gounder, armed with a bamboo stick (A -2) and Valayam (A -l) respectively. P.W.3 Palaniammal is the wife of the deceased. This couple had no children. Deceased owned ten acres of land in Santhikattu thottam, out of which disputed one and half acres on the northernside, remained uncultivated. There was a civil litigation between deceased Palanisamy Gounder and Thirumayammal, mother of A -l. P.W.3 claimed that after succeeding in the litigation, her husband took possession of the disputed land where the occurrence had taken place. She woulid also have it that in the Tamil month of Avani in the preceding year, her husband had let out on lease the land obtained through court to Palanisamy Gounder and Kandasamy Gounder, both not examined. Though the Amin (bailiff) was not examined, P.W.8 Babujan Assistant, Court ol District Munsif, Dharapuram, was examined to speak about execution of the decree by the deceased and produced records to indicate hand ing over of possession of the decreed land to the deceased. P.W.1 Ganesan, nephew of the decease and P.W.2 Subramania Gounder brother of the deceased, have also spoken about the civil dispute between Thirumayammal and the deceased and in effect have corroborated the version of P.W.3. It must also be stated, that A -2 Rajendran and his father A -l Naiaraja Gounder are related to the deceased. The grand father of Thirumayammal and the maternal great grand -father of the deceased were brothers.

(3.) P .W.12 conducted incuest between 2.30 p.m. and 6 p.m. during the course of which he examined P.Ws.l to 3 and others. Ex.P -18 is the inquest report. After inquest, he sent the dead body through police constable Sithan (P.W.9) with a requisition Ex.P -2 to the Government Hospital, Kangeyam for the conduct of post -mortem. Thereafter P. W.12 seized M.iO.16 blood stained earth and M.O.17 sample earth south of the karuvela tree M.O.23 blood stained earth and M.O.24 sample earth found on the western portion of the karuvela tree. He also seized M.Os.4 and 5 the blood stained dhothi and towel of the deceased. From the southern portion of the cotton field, he seized M.O.3 series cheppels of the deceased M.O,25 blood stained earth and M.O.26 sample earth. Again from near the corpse he seized M.O.27 blood stained earth and M.O.28 sample earth. All these material objects were seized under mahazar Ex.P -5, attested by P. W.7, P.W.7 has also attested Ex.P -6 mahazar, relating to seizure of M.Os.6 and 7, blood stained shirt and jacket of P.Ws.2 and 3. P.W.12 also seized M.Os.l and 2 stated to have been thrown away by the appellants under mahazar Ex.P -7 attested by P.W.7. At or about 8 p.m. on the same night, P.W.12 seized M.O.18 a crowbar M.O.19 bamboo basket and M.O.20 a spade under mahazar Ex.P -8, attested by P.W.7. At 9 p.m. On the same night, P. W. 12 arrested the appellants from a bamboo bush, on the southern bank of Amaravathy river, in the presence of P.W.7, M.O.21 dhothi of A -l was seized under mahazar Ex.P -9, attested by P.W.7.