KARIAN ALIAS LAKSHMANAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Appeal against the conviction and sentence of imprisonment for life passed under Section 302 I.P.C. by the learned Sessions Judge of Dharmapuri at Krishnagiri in S.C. No. 63 of 1985 on his file.

(2.) The charge against the appellant under Section 302 I.P.C. is that at about 8.30 p.m. on 29.4.1985 at Karnnu karan kottai, Sundekuppam village he committed the murder by his son Lakshmanan Akkulavayan by cutting him with a Kaiaruval on his right elbow, right upper arm, left leg and left thigh.

(3.) The prosecution examined 13 witnesses filed 12 Exhibits and marked 8 M.Os. Of the witnesses examined, P.W. 1 Sarada wife of the deceased turned hostile. The evidence available discloses that deceased Lakshmanan Akkulavayan and his wife P.W. 1 Sarada were residing in a field shed in Sundekuppam. The appellant and his wife P.W. 2 Kaliammal were put up in a nearby house. Houses of P.W. 4 Perumal and his brother P.W. 5 Chinnasamy are located near be house of the deceased. The appellant took a palmairah tope on lease. Since deceased plucked the fruits of those trees there was quarrel between the father and son. On the day of the occurrence at 6.00 p.m., there was a wordy duel between the appellant and his son. At that time, the deceased beat his father once. P.W. 5 Chinnasamy and others separated them. The appellant challenged that he would see later and went away. On that night, the deceased and. his wife P.W. 1 were sleeping outside their house. At about 8.30 p.m. M.O. 1 light was burning. The appellant came from his house which is 15 ft. away and cut the right hand, left thigh and left leg of his son. P.W. 2 Kaliammal, the wife of the appellant and mother of the deceased saw the same and shouted. P.W. 1 Sarada also made noise. On hearing the same, P.W. 4 Perumal and P.W. 5 Chinnasamy came running. They saw that the deceased had sustained bleeding injuries on his right hand, left leg and left thigh. At 9.00 p.m. on that day, they took the deceased to a private nursing home run by P.W. 7 Doctor Natarajan. It was represented to him that a person fell from the palmairah tree and sustained injuries with the knife in his waist Thereupon, P.W. 7 Doctor treated him. However at 12.00 mid night the injured passed away. P.Ws. 4 and 5 brought the body to his house.