STATE OF TAMIL NADU Vs. BABU BENJAMIN

JUDGEMENT

(1.) State represented by learned Public Prosecutor has preferred this appeal against the order of acquittal passed by the Court of Sessions Kanyakumari Division at Nagercoilin S.C. No. 13185 on its file Respondents one and two were charged under Section 302 read with Section 109 and Section 302 respectively on the allegation that on the evening of 23.9.1984, they way-laid deceased Sukumaran near the field of the first respondent and while the first respondent pushed Sukumaran down and caught hold of his hands and instigated the second respondent to do away with him, the latter dealt a blow with M.O. 1 knife on the neck of Sukumaran and caused his death.

(2.) The prosecution examined 16 witnesses, filed 19 Exhibits and marked 7 Material Objects. Of the witnesses examined, P.W. 2 Maliyadoss and P.W. 16 Suguna turned hostile. These factors emerge from the evidence: P.W. 1 Joyce andP.W. 6 Sunni are brothers. They are the residents of Marathankuzhi in Vilavankodu Taluk. On 26.2.1980, P.W. 6 Sunni was taking his bath in the drinking water spring in Pakkodu. The first respondent Babu alias Benjamin, who happened to come there protested how P.W. 6 Sunni could contaminate the drinking water. He beat on the head of P.W. 6 Sunni with a Vettukathi and caused injuries to him. Thereafter P.W. 6 Sunni and five others went to the house of first respondent Babu and assaulted him. P.W. 8 Natarajan who was Writer in Arumanai Police Station at that time, registered Ex. P-7 complaint preferred by P.W. 6 Sunni in this connection. On the same day the wife of the first respondent Babu Benjamin came to the police station and preferred Ex. P-8 complaint. The police investigated and laid charge-sheet on both the complaints. Later on both the cases ended in acquittal. Since then, the first respondent was inimical towards deceased Sukumaran.

(3.) On 23.9.1984, the seventh day ceremony of the deceased mother of P.W. 1 Joyee took place at Marathaukuzhi. P.W. 1 Joyee and deceased Sukumaran returned the vessels, hired for that purpose in Puliyursalai and came back to the village, at about 5.30 p.m. While they were proceeding near the field of the first respondellt in a pathway at about 6.00 p.m., both, the respondents intercepted the deceased Sukumaran. Second respondent Rajuwas having a knife withhim. The first respondent Babu alias Benjamin asked deceased Sukumaran whether he was a big rowdy. Thereupon P.W.1 Joyee and Sukumaran began to run. The respondents chased them to a distance of 400 feet. The first respondents pushed deceased Sukumaran down and caught hold of his hands. He directed the second respondent to stab and kill Sukumaran. Immediately second respondent Raju stabbed Sukumaran on his neck with M.O. 1 knife in his hand. They threatened P.W. 1 Joyee with dire consequences. So he ran to the village and informed people there of what had happened. PW. 3 Raj went to the scene place and finding the injury on then neck of Sukumaran, he took his towel and tied it around the neck as a bandage. In the meanwhile, P.W. 1 Joyee went to the house of Sukumaran and brought the wife of Sukumaran to the scene place. They found Sukumaran sitting on a bridge nearby with a bandage around his neck. At about 6.45 p.m. one Francis brought a taxi, driven by P.W. 4 Varghese. Ex. P-4 is the Tripsheet of the taxi. P.W. 3 Raj and the wife of Sukumaran took the deceased in the taxi to the police station. At about 7.45 p.m. P.W. 9 Sub Inspector of Arumanai Police Station recorded the statement Ex. P-i given by Sukumaran. P.W. 3 Raj attested the same. The Sub-Inspector registered the same in his station Crime No. 93 of 1984 under Section 307 I.P.C. He prepared Ex. P-9 printed F.I.R. and sent the documents to Court through P.W. 11 constable. The constable handed over the same to the ].S.C.M. at 11 p.m. on that day.