KOVIL PILLAI Vs. STATE

JUDGEMENT

(1.) THE sole accused in a case of murder, who stood charged, tried, found guilty under Section 326 IPC and sentenced to undergo 7 years RI with a fine of Rs.1000/- in default one year RI has brought forth this appeal.

(2.) THE brief facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADMITTEDLY, the accused Kovil Pillai's son Ganesan and his daughter-in-law Bagyalakshmi were working under the deceased, who was working as Supervisor of Nadumalai Estate. Prior to the occurrence, a complaint as found under Ex.P.8 was lodged by the deceased to his Manager alleging that the son of the accused was discouraging the co-workers and on that count, he was suspended for a period of 20 days. When the daughter-in-law of the accused, namely, Bagyalakshmi was not properly doing her work, the deceased also kept her out of service. Enraged over the same, the appellant/accused has gone to the residence of the deceased on 30.1.1995 and quarrelled with him. At that time, the deceased has asked the accused to come to Muster-roll building, where it could be better discussed. On 31.1.1995 at about 7.00 a.m. when the deceased was proceeding from his house to the Muster-roll building, the accused emerged from the side of the pathway and attacked the deceased with M.O.1 kavathu knife and caused severe injury wo the deceased. This act of the accused was witnessed by P.Ws.1 to 3. All these three eyewitnesses have categorically narrated the occurrence. Their evidence has inspired the confidence of the Court in view of the cogency and the lower court has correctly relied on their evidence. Immediately, the injured was taken to the hospital, where he was treated by P.W.4 Dr.Thambiran. He issued accident register, which was marked as Ex.P.2 where P.W.4 has narrated the injuries found on the deceased and the statement of the deceased also.