MARIAPPAN Vs. STATE

JUDGEMENT

(1.) The appellants, two in number, who in the judgment will be referred to as "A.1" and "A.2", for the sake of convenience, were tried along with another by name Immanuel, who was arrayed as A.3 before the learned Sessions Judge. The allegation against A.1, A.2 and A.3 is that at 11.30 p.m. on 14.5.1997, the accused, in furtherance of the common intention of each other, caused the death of the deceased, Ganapathy, son of Manickam, by A.1 cutting him on the neck and A.2 also cutting him on the back of neck and A.3 stabbing him on the stomach and on account of the said cut injuries suffered by the deceased, Ganapathy, his head was severed and he died. To prove the above allegation, the prosecution, before the trial Court, examined P.Ws.1 to 16 and marked Exs.P.1 to P.18 as well as M.Os. 1 to 8. The learned trial Judge, while accepting the prosecution version as against A.1 and A.2 and convicting them under Sections 302 read with 34 IPC., acquitted A.3 on the ground that he was not implicated as an accused in the first information statement, Ex.P.1, given by P.W.1 and that he did not also give the identifying features of A.3, when he gave the complaint to the police. On being convicted, A.1 and A.2 were sentenced each to imprisonment for life and each one of them was also directed to pay a fine of Rs.1,000/- with a default sentence of three months rigorous imprisonment. The said conviction and sentence are being challenged in the appeal, while the acquittal of A.3 had become final, as the State has not chosen to prefer any appeal against the said acquittal.

(2.) The brief facts are as follows:- P.W.1 is the elder brother of the deceased and P.W.2. The accused were known to P.W.1. P.Ws.1, 2 and the deceased were masons by profession and during the relevant period, P.W.1 was residing at Lakshmipuram in C.N.Village and prior to that, he was residing at Kuruthudaiyarpuram. Lakshmi and Chandra were related to P.W.1 and the deceased and during the relevant period, they were residing at Kuruthudaiyar Puram village. They were eking out their livelihood by working at construction sites. A.1 and A.2, who are masons by profession, developed intimacy with Lakshmi and Chandra, who were deserted by their respective husbands. A.2 developed intimacy with Chandra and A.1 developed intimacy with Lakshmi. This was not to the liking of the deceased, Ganapathy and he, therefore, advised Lakshmi and Chandra not to have illicit relationship with either of the accused. The said advice of the deceased was promptly conveyed by Lakshmi and Chandra to A.1 and A.2. On account of this, the accused bore a grudge against the deceased.

(3.) At about 5.00 p.m. on 14.5.1997, P.Ws.1, 2, one Raja and the deceased were standing in front of the provision store of P.W.4. A.1 and A.2 went there and picked up a quarrel with the deceased. They also threatened the deceased not to interfere in their affair by telling him that if he interferes, they will remove his head. The witnesses, who were present, pacified the accused and sent them away. At about 10.00 p.m. on the same night, P.W.1 developed cough as he was a T.B. patient. He, therefore, left his house to go to the medical store to buy tablets and along with him he took P.W.2. While P.Ws.1 and 2 were proceeding towards a junction and were near a public lavatory, they heard someone pleading for mercy. They went behind the lavatory to find the deceased standing there surrounded by A.1 to A.3. A.1 holding the hand of the deceased, cut him, which fell on his left shoulder. A.2, with an aruval, cut him on the neck. The deceased fell down on the septic tank, which was on the west of public lavatory. A.3 stabbed him on the stomach. A.1 cut the deceased on the neck indiscriminately and severed the head. P.Ws.1 and 2 pleaded with the accused not to cut their brother; but the accused threatened them by telling them that they will meet the same fate if they interfere. They also threatened the witnesses not to inform others about the incident and ran away towards west. P.W.1, leaving P.W.2 near the dead body of his brother, went and informed the Village Nattanmai, Shanmugam and they proceeded to Tirunelveli Bridge Police Station, which they reached by 2.00 a.m. on 15.5.1997. At the police station, P.W.1 narrated the incident to P.W.11, the Sub Inspector of Police. P.W.11 reduced the said statement of P.W.1 into writing. The said statement of P.W.1 is Ex.P.1. P.W.11 registered a case in Crime No. 302 of 1997 against A.1, A.2 and another person under Section 302 IPC. by preparing express reports. Ex.P.13 is a copy of the printed first information report. The express reports were sent to the higher officials including the Inspector of Police, P.W.14.