GOMU Vs. STATE

JUDGEMENT

(1.) The appeal against the conviction and sentence of imprisonment for life under S. 302, I.P.C. passed by the learned Sessions Judge, Tirunelveli in S.C. No. 49 of 1985 on his file.

(2.) The case of the prosecution is that on 7-8-1984 at about 9 a.m. in front of the shop of P.W.2 Gomathi Devar in Veerasigamani village the appellant Gomu caused the death of the Ganesan by stabbing him with a knife.

(3.) The prosecution examined 14 witnesses, filed 18 Exhibits and Marked 9 Material Objects. Of the witnesses examined P.W. 1 Murugaiya and P.W.3 Kailsamoopanar turned hostile. The evidence disclosed those facts:- Deceased Ganesan is the maternal uncle of the appellant Gomu. They are residents of Veerasingamani village. P.W. 7 Avudaiammal is the wife of deceased Ganesan. Her mother in law wanted to gift away their house to her daughter who is the mother of the appellant Gomu. Ganesan was demanding his mother to give one third share to him in this house. On account of this Gomu used to quarrel frequently with Ganesan. Two days prior to the occurrence Gomu and their parents objected to Ganesan and P.W. 7 Avudaiammal living near the house of Ganesan's mother.