SEKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the judgment rendered by the learned XI Additional Sessions Judge, Madras, finding the appellant guilty under Section 302 I.P.C. and the consequent sentence of imprisonment for life in Sessions Case No. 69 of 1985 on 18.10.1985. Along with the appellant, one accused by name Babu was also tried by the learned Sessions Judge for an offence punishable under section 302 r/w 34 I.P.C. but he was acquitted of the said charge.

(2.) The case of the prosecution as spoken to by witnesses examined by the prosecution in brief are extracted as hereunder: P.W. 1 Velu was living with his parents near Murugan Theatre. His mother used to provide meals on the receipt of calls among the labourers of the Kothavalchavadi and for the said purpose, he used to take her in Meenbadi cart (herein after referred to as cart) to Kothavalchavadi market. The deceased in this case Theivasigamani was the sisters husband of P.W. 1. He was also doing cooli work in a plantain mandi at Kothavalchavadi. The deceased with his wife namely the sister of P.W. 1 was also living in the nearby house of P.W.1.

(3.) While that being so, 5 months prior to his deposing in the witness box, on a Sunday at about 7 p.m. at the instruction of Theivasigamani, he travelled in the cart driven by Theivasigamani. When the cart came near the junction of Varadhamuthiappan Street and Annapillai Street at about 8.30 p.m. that night, it rubbed a person. With a view to avoid further rubbing, P.W. 1 who was sitting in the cart pushed side that person. Consequently, that person caught hold of the shirt of P.W. 1 which was followed by the deceased getting down from the cart. The deceased questioned the person by referring his name Sekar about his beating P. W. 1. The deceased beat Sekar, the first accused in the instant case. During that time, a person who was nearby came there and questioned the deceased as to why he beat Al Sekar. Then, according to P.W.1, the deceased accosted A2 Babu by name and asked whether he too came to beat him. Following this his uncle, the deceased beat Babu the second accused. Then the second accused Babu took out a knife and pretended to stab him. When the deceased tried to escape from the stab, the deceased sustained injury on the right shoulder with the knife which was in the hands of A2 Babu. Then according to P.W.1, his uncle the deceased overpowered him and twisted his hands behind his back. It was at that time, the appellant herein, snatched the knife from the hands of Babu and stabbed the deceased on his neck, chest and stomach. Then he fell down. Both the accused Sekar and Babu ran away with the knife.