SELVAKKODI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the Principal Sessions Judge, Madurai, in S.C. No. 82 of 1986, convicting appellant Selvakkodi, under S. 302, Penal Code, and sentencing him to undergo imprisonment for life. The appellant is also charged under S. 324, Penal Code, for having caused hurt to P.W. 2, Annakodi, with a dangerous weapon. However, after trial, he was acquitted of the said charge.

(2.) Prosecution case, in brief, is as follows :- Occurrence which led to this prosecution is alleged to have taken place at or about 6.30 p.m., on 11-6-1985, near the manthai, in East Street at Poochampatti village. Appellant is alleged to have stabbed deceased Doraiswami with a knife on his left flank, leading to the victim succumbing to the injury sustained, when he was in the process of transit, to Government Rajaji Hospital, Madurai.

(3.) P.W. 1, Rajavadivu, is a resident of Poochampatti village. Appellant is the son of the elder sister of P.W. 1. Deceased Doraiswami was the brother-in-law of P.W. 1. Jayakodi is the wife of the appellant. Deceased was her maternal uncle. Deceased was a resident of Oorappanur, whereas the appellant was a resident of Ariyapatti village. P.W. 2, Annakodi, resides just south of the house of P.W. 1, in Poochampatti village. Seven or eight months prior to occurrence, deceased Doraiswami had gone over to Ariyapatti village as a guest. When Jayakodi, wife of the appellant, was alone in her residence, deceased was found talking merrily with her. Appellant who saw both of them together, entertained flame of suspicion, against their conduct. About a month prior to occurrence, P.W. 1, in the company of the appellant, went over to P.W. 7, Ammavasai. P.W. 1 told P.W. 7 that the deceased had teased Jayakodi and, therefore, the deceased must be asked to swear, that in future he would not have any connection with Jayakodi. To this suggestion of P.W. 1, appellant was not aggreeable.