PALANISAMY GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A. 1 to A. 3 in S.C. No. 121 of 1985 on the file of the First Additional Sessions Judge, Coimbatore, are the appellants. They were charged under Section 302 read with Section 34 Indian Penal Code, on the allegation that at or about 4 P.M. on 30-4-1985, at Velayutha Gounder Pudu, they caused the death of deceased Kumaraswami Gounder by beating him with hands and kicking him on his chest and abdomen with legs. The learned trial Judge, after an elaborate trial, found the appellants guilty as charged and sentenced each one of them to undergo imprisonment for life.

(2.) The prosecution case in brief is as follows:-P.W. 1 Thirumalaisamy is the son of the deceased, P.W. 1 was living along with his mother at Ponneri Ayyan Palayam, situated 7 miles away from Velayutha Gounder Pudur, where his father, the deceased, was living alone in the Garden salai. Deceased used to visit P.W. 1 periodically, sometimes once in (*Sic Matter) a week and on other occasions once in a month. Deceased was cultivating 2-1/2 acres of land and he possessed two cows also. It appears from evidence that the deceascd was living with one pappal. Deceased Kumaraswamy Gounder at or about the time of death was aged about 50 years.

(3.) Al and A 2 are brothers, aged about 85 years and 80 years respectively. A. 3, a middle aged man, 41 years old, is the son-in-law of P.W. 2 Kaliammal, who was treated hostile by the prosecution. P.W. 6 Eswarasamy Gounder, had his lands, south of the lands belonging to the deceased. P.W. 6 had harvested the horse-gram crop in his land, twenty days prior to occurrence. On the request of the deceased, P.W. 6 had permitted the former, to graze his cows, since after harvest horse-gram stems alone remained in his land. Two days later, when P.W. 6 happened to visit Velayutha Gounder Pudur, the deceased complained to him, that the cattle of A. 1 and A. 2 had grazed the formerTs land and that he apprehended the cattle, to be sent to the pound. However A. 1 and A 2 took back the cattle. P.W. 6 Pacified the deceased and agreed to inform A.1 an A. 2 of his displeasure.