BALAN Vs. STATE

JUDGEMENT

(1.) ACCUSED 1 and 2 in Sessions Case No. 2 of 1971 on the file of the Assistant Sessions Judge, Coimbatore are the appellants. Accused 1 has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and Accused 2 has been convicted for an offence under Section 324, Indian Penal Code and sentence to undergo rigorous imprisonment for six months.

(2.) THE occurrence is as a result of a petty quarrel among women near a water tap. The place of occurrence is S.I.H.S. Colony Singanallur, Coimbatore. All the parties concerned in the case are residents of that colony. There was acute water scarcity in the month of April, 1970. The occurrence was on 22 -4 -1970 and the quarrel arose between Bagyam, Accused 4, on the one hand, and Meenakshiammal (P.W. 2), Kannammal (P.W. 3) and Ramthal who is the wife of Ponnuswami (P.W. 1) who is one of the injured in the case, on the other. It would appear that Bagyam who was arrayed as the 4th accused in this case, but since acquitted, used, normally, to take water from a particular tap in that colony. But, on the day in question, she came to another tap where P.Ws. 2, 3 and others had to take water. It is because Bagyam came to a wrong tap for taking water the quarrel ensued. Thiagarajan, P.W. 7, came upon the scene when the wordy quarrel among women was going on and he questioned accused 4 as to how she could come to the wrong tap and yet quarrel with the other women. The first accused is the husband of Bagyam, accused 4. He came upon the scene and questioned P.W. 7 as to how he could pick up a quarrel with his (accused 1's) wife. P.W. 1 whose house is also close to the tap, came on the scene.

(3.) THERE is clear evidence to show that accused -1 did stab P.W. 1 on his back thrice with the knife, M.O. 1, in the course of the above occurrence. P.W. 9 is the Medical Officer who examined P.W. 1 and issued the certificate. There were as many as 7 injuries out of which injuries 1 to 3 are all incised wounds on the back of the chest. All the three stabs have penetrated into the pleural cavity. Fortunately, no internal organ was injured and the man escaped from serious consequences. The other injuries are comparatively minor and these have been caused due to the struggle between P.W. 1 on one hand accused 1 on the other. The evidence is that both were on the ground when accused 1 stabbed P.W. 1. The evidence is also quite clear that accused 2 beat P.W. 4 with cycle chain. This witness has also been examined by P.W. 9 and he had 6 injuries, some of which should have been caused only by beating with cycle chain. Here again, some injuries are minor and they could have been caused due to struggle.