IN RE : VAIRAVAN Vs. STATE

JUDGEMENT

(1.) THIS is a case of cold -blooded murder for gain, and yet the Appellant (accused) has been let off with the lesser sentence of imprisonment for life, by the learned Sessions Judge of Tirunelveli. The evidence against the Appellant is circumstantial, but it is absolutely cogent and conclusive. It has been set out fairly clearly and in detail in the judgment of the learned Sessions Judge, and it is enough to recapitulate the main facts. The murder took place on 10th November 1972 (a Friday) about 7 P.M. at the place marked A in the sketch, Ex.P.25. It is a useful plan. The place A lies in survey No. 554/20 south of Thavanai - -Shenkottai road which runs from west to east, Thavanai being on the west and Shenkottai on the east. The prosecution case is that after murdering the deceased (Meera Sahib Rowther) at the point A, with the spade M.O.1, and relieving him of cash of Rs. 700/ -, the accused disposed of the corpse in a channel B about hundred and fifty feet to the east. The deceased was a native of Thalaichera in Kerala State. He was a dealer in cattle. P.W 9 was his partner in trade. P.W. 5 is a close relative. The evidence of P.Ws. 5 and 9 shows that the deceased used to set out taking some cash for the purpose of his cattle trade. He left his village on Thursday 9th November 1972, taking some cash, and wearing the clothes M.O. 2 to 4 (saram or dhoti, shirt and towel). He was carrying the money in a khaki cloth bag (M.O.5) as usual.

(2.) THE deceased told P.W.9 that he was going to Shenkottai. He used to return, sometimes, after a week, but he asked P.W.9 to meet him at Shenkottai on the following Saturday and Sunday.

(3.) P .W.7 is a resident of Thavanai -(Thavanai would be about a mile west of the scene of murder). P.W.7 had purchased a pair of bulls from the deceased and owed him Rs. 90/ -. The deceased came to his house about 4 P.M. on Friday (l0th November 1972) and asked him for the money. P.W.7 promised to pay it after the next harvest.