DASS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE accused in Sessions Case No. 55 of 1985 before the Sessions Judge, Nagerkoil is the appellant. He stood charged for offence punishable under section 302 I.P.C. on the allegations that on 7.4.1985, at 1 A.M., in front of the shop of the deceased Sounder Sam Fletcher, with an intention to cause death, the appellant stabbed him with a knife and caused his death. After elaborate trial, the learned Sessions Judge, had found the appellant guilty under Section 302 IPC and has convicted and sentenced him to undergo imprisonment for life.

(2.) THE prosecution case is briefly as follows: The deceased Sounder Sam Fletcher was the younger brother of Gnanapaul Fletcher (P.W.1). The deceased was having a betel -nut shop at Moolachel junction. The appellant purchased articles on credit from that shop and there was an outstanding of Rs. 29 -90. Ex. P. 1 is the relevant entry in the account book maintained by the deceased. Despite demands, the appellant did not pay the amount. While so, on 6.4.1985, at about 10 P.M., the appellant came by the side of the shop of the deceased. The deceased demanded him to pay the outstanding amount and on that score, there was a wordy quarrel between them. The adjacent shop owners separated them and advised the appellant to pay the outstanding amount early. The appellant left the place stating that he had disgraced him in the presence of so many persons, even on a Easter Day and he would not leave him without killing him. Since it was Easter Day, the shops were kept open throughout the night. At about 1 A.M., P.W. 1, on his way to the church, came by the side of the shop of the deceased. The appellant also came there. The deceased got down from his shop went towards the appellant and told him that unless he pays the outstanding amount, he would not allow him to go. The appellant stated that only if he is murdered, he would not demand the outstanding and so saying, took out M.O.I, knife from his waist and stabbed the deceased on his left chest flank causing bleeding injury. The deceased fell down and P.W. 1 raised an alarm. The appellant ran towards his house with the weapon. Rengith Singh (P.W. 2) and Kisendran (P.W. 3) also saw the occurrence. Deceased died instantaneously. P.W. 1 proceeded to Thuckalay Police Station to give complaint.

(3.) NATARAJAN , Inspector of Police, Thuckalay (P.W. 11) received the Express Report at 3.30 A.M. and took up investigation. He reached the scene place at 4 A.M. and prepared observation mahazar (Ex. P. 14) and scene sketch (Ex. P. 15). He conducted inquest over the dead body of Soundar Sam Fletcher from 5 A.M. to 8 A.M. He examined P.Ws. 1 to 3 and Bazeer and prepared inquest report (Ex. P. 16). He seized from the scene place blood stained earth (M.O. 3) and sample earth (M.O.4) under mahazar (Ex. P. 16) P.W. 1 produced the account book (Ex. P. 1) which he seized under mahazar Ex. P. 18. He arranged for taking of photographs of the scene place through photographer Sahathevan (P.W. 7) who took the photographs (Ex. P.12 series) corresponding negatives being (Ex. P.B) series. P.W. 11 sent the dead body of the deceased for post -mortem examination through Police Constable Raju (P.W. 10) with a request for the same. He handed over them to the Medical Officer, Government Hospital, Thuckalay.