VELLINGIRI ALIAS THAMBI Vs. STATE

JUDGEMENT

(1.) The appellant in the above appeal challenges his conviction and sentence. He was tried before the learned I Additional Sessions Judge, Erode, on an allegation that at 6.00 a.m. on 6.9.98, he beat the deceased Gandhimathi with a stick and thereby caused her death and that in the course of the same transaction, he also attempted to murder P.W.1, the husband of the deceased Gandhimathi. The learned trial Judge framed charges against the appellant, who, in this judgment, will be referred to as 'the accused', under Section 307 I.P.C. for attempting to murder P.W.1 and under Section 302 I.P.C. for causing the death of Gandhimathi. The learned Sessions Judge, on the evidence adduced, both oral and documentary, acquitted the accused under Section 307 I.P.C., but found him guilty under Section 323 I.P.C. for causing simple injuries to P.W.1 and sentenced him to rigorous imprisonment for a period of six months. The learned Sessions Judge, on convicting the accused under Section 302 I.P.C., sentenced him to imprisonment for life.

(2.) The case of the prosecution is as follows:- The deceased is the wife of P.W.1 and P.W.10 is their daughter. P.W.4 is the mother of P.W.1 and P.W.6 is the younger brother of P.W.1. The accused is the eldest brother's son of P.W.1. They were residents of Vinnapalli at Gopikarathottam. There was a long-standing dispute between P.W.1 and the father of the accused, Murugesan, who is the eldest brother of P.W.1, as regards a land property. There used to be quarrels between the family of the accused and the family of P.W.1 and the villagers used to mediate and settle the dispute. On 5.9.98, P.W.1 left for Puliyampatti to sell vegetables and his wife, Gandhimathi and P.W.10, her daughter, went to the common well to fetch water, where the accused prevented the deceased from taking water, leading to a quarrel between the deceased and the accused. The deceased went to Puliyampatti police station and gave a petition to P.W.16, the head constable. The police officers sent for the accused and took him to task. He was also advised not to indulge in such activities in future. This is said to be the immediate provocation for the occurrence, which took place at 6.00 a.m. on 6.9.98.

(3.) At 6.00 a.m. on 6.9.98, the deceased was standing in front of the house and was brushing her teeth. P.W.1 and his mother, P.W.4, were also present. The accused went there with a stick, M.O.1, in his hand and beat P.W.1 on the head. The said beating was warded off, as a result of which, he suffered injuries on both hands. On seeing P.W.1 being beaten, the deceased intervened and the accused, leaving P.W.1, ran towards the deceased and beat her. She fell down. Thereafter, indiscriminate beatings were inflicted upon the deceased. After inflicting injuries on the deceased, the accused ran away from the place. P.W.10, the daughter, who had gone to the house of P.W.5 to took her bed, and P.W.4, the mother of P.W.1, on hearing the cries, also witnessed the occurrence. P.W.1 left the scene of occurrence for Sathiamangalam, where he engaged a taxi and brought it to the village, in which, Gandhimathi, the injured, was placed and taken to Government Hospital, Sathiamangalam, where she was produced before the doctor, P.W.9. P.W.9, on examining Gandhimathi, found her dead. He also examined P.W.1 as he found the following injuries on his person:-