SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) The appellants, two in number, who were arrayed as "A.1 and A.2" before the learned Principal Sessions Judge in S.C.No. 206 of 1998, challenge their conviction and sentence and in the judgment, they will be referred to in the order as "A.1 and A.2". They were tried before the learned Sessions Judge on a charge of murder with an allegation that at 1.00 a.m. on 29.4.1997 they caused the death of the deceased, Muthu, by beating him on various parts of his body with aruval and sticks. The learned Sessions Judge, accepting the prosecution version as brought out through both oral and documentary evidence, convicted and sentenced each one of them to imprisonment for life.

(2.) The facts necessary to dispose of the appeal are as follows:- P.W.2 is a relative of the deceased and P.W.8 is the younger brother of the deceased. A.1 is the son of A.2. A.2 and the deceased were in illicit relationship with each other. A.2, after quarrelling with her husband, was living at Thirumuruganpoondi for about five years with the deceased and while they were so residing at Thirumuruganpoondi, the deceased was working in Asar mill. While they were living as husband and wife at Thirumuruganpoondi, the husband of A.2 died. After the death of her husband, the children born to her husband through the first wife, who were residing in a garden land belonging to her husband, were chased away by A.2 and the deceased. After the property came into possession of A.2, the deceased improved the property by digging a bore well. He also spent monies to develop the land. Later, the deceased was asking A.2 to return the amount so invested in the property; but A.2 refused to repay the amount and therefore quarrels ensued between the deceased and the accused, which is said to be the motive for the occurrence.

(3.) On 28.4.1997 at about 9.30 p.m. P.W.2 was requested by the deceased to go along with him to Periyachettipalayam and accordingly, P.W.2 and the deceased went in a TVS moped bearing registration No. TAP 6377 to the house of A.2 at Periyachettipalayam. The moped was stopped in front of the house of A.2 and the deceased, after requesting P.W.2 to stay outside, entered the house. This was at 10.30 p.m. While P.W.2 was standing outside, he heard quarrels emanating from the house of A.2 and on hearing the quarrels, some of the villagers in the village also gathered. At about 11.30 p.m. the deceased came out of the house followed by A.1, who was having an aruval and A.2, who was having a stick. The deceased, on coming out of the house, ran towards south chased by A.1 and A.2. A.1 cut the deceased on the head with the aruval and blood gushed out. The deceased fell down. After he fell down, A.1 and A.2 threatened P.W.1. The deceased was also beaten by A.2. They threatened P.W.2, by telling him that if he informs others he will also meet the same fate. P.W.2 left the scene of occurrence and returned home.