SOMASUNDARAM Vs. STATE

JUDGEMENT

(1.) The appellant, who in this judgment will be referred to as the accused for the sake of convenience, was tried before the learned Principal Sessions Judge, Coimbatore, in Sessions Case No.21 of 2000 on a charge of murder with an allegation that at 7.00 p.m. on 9.10.1998, he cut Kuppusamy, the deceased in the case, with an aruval on account of prior enmity and that on account of the injuries suffered, the said Kuppusamy died at about 1.45 a.m. on 10.10.1998 at Coimbatore Medical College Hospital, Coimbatore, where he was admitted for treatment. The learned Sessions Judge finding the accused guilty under Section 302 IPC, sentenced him to imprisonment for life and hence, the present appeal.

(2.) The facts of the case are as follows:- P.W.1 is the father of the deceased and P.W.2 is the agnate of the deceased. The accused and the deceased were the residents of Kattupalayam. P.W.1 had six acres of land and the accused had four acres of land adjacent to the land belonging to P.W.1. About 18 years prior to the date of incident, P.W.1 was beaten by the henchmen engaged by the accused and a criminal complaint was lodged at the police station leading to the prosecution of the accused. Thereafter, the accused and P.W.1 were not on talking terms. In between the land of P.W.1 and the land of the accused, there is a lake and adjacent to the lake, there were a neem tree and a jujube tree. On 8.10.1998, P.W.1 cut those trees as they were found to be obstructing the electrical wires. The accused picked up a quarrel with P.W.1 as to how he could cut the trees, since they belong to him. A panchayat was convened on 9.10.1998 in connection with that and at the panchayat, P.Ws.5 and 6 participated. The panchayatdars took a decision that the services of a surveyor can be requisitioned to measure the land and decide the issue. At about 10.00 a.m. on the same day, a surveyor was brought and after measuring the land, the surveyor intimated the villagers that the trees belong to P.W.1. On hearing this, the accused threatened the deceased and his father, P.W.1, with their lives and left the place.

(3.) At about 6.00 p.m. on 9.10.1998, P.W.1 was returning from his land along with P.Ws.2 and 3. The deceased was proceeding in front of them at a distance of 10 feet. While they were approaching the land of the accused, the accused came out of a bush and saying that he will not leave the deceased Kuppusamy and his father alive, cut Kuppusamy on the head and on the left hand. Three cuts were inflicted upon him. P.Ws.1 to 3 raised alarm and asked the accused not to cut the deceased. The accused ran away from the place taking with him the aruval. P.Ws.1 to 3 went near the injured Kuppusamy and found him with bleeding injuries. P.W.2 went and brought a van and thereafter, the injured Kuppusamy was placed in the van and removed to Government Hospital, Palladam. He was produced before P.W.8, the casualty medical officer, at 8.30 p.m. The doctor examined him and found on his person the following injuries:- 1.Cut injury 6 cm x 2 cm bone-deep over frontal bone left side with fracture of the bone. 2.Fracture of left forearm bone near elbow joint. 3.Fracture of left forearm near wrist. The doctor issued Ex.P-9, a copy of the accident register, and since the doctor found that the injuries on Kuppusamy are serious, she referred him to Coimbatore Medical College Hospital, Coimbatore. The doctor also sent an intimation to the police authorities about the same. The injured Kuppusamy was taken from Government Hospital, Palladam, to Coimbatore Medical College Hospital, Coimbatore, by the witnesses and was produced before P.W.9, the doctor, at 9.35 p.m. on the same day along with a copy of the accident register, Ex.P-9, issued by P.W.8. The doctor, P.W.9 admitted the injured Kuppusamy. Ex.P-10 is a copy of the accident register issued by him in respect of the injuries noted on Kuppusamy. After the admission, P.W.10 performed a surgery on the injured Kuppusamy; but, in spite of the treatment given by the doctors, the injured Kuppusamy breathed his last at about 1.45 a.m. on 9/10.10.1998.