SUGUMARAN ALIAS ELI Vs. STATE

JUDGEMENT

(1.) THE appellant herein has been convicted by the learned Sessions Judge (IX Additional), Madras, for an offence under section 302, Indian Penal Code, for having caused the death of one Murugan at 10 -30 p.m. on 7th September, 1980, at Canal Bank Road, Namasivayapuram, Choolaimedu andsentenced to imprisonment for life. Hence the appeal.

(2.) THE following facts are gathered from the records of the case. The appellant is a young hoy aged about 19 years and a washerman by profession. Deceased Murugan was also a wasierman residing in the same place. There is an oven for steam washing the clothes near the place of occurrence. The deceased was residing at East Namasivayapuram and the appellant was residing at West Namasivayapuram, and there is just a small road dividing East and West Namasivayapuram. It appears that the oven is common and the deceased was also making use of that oven for steam washing the clothes. Nevertheless, this was objected to by the appellant on the ground that the deceased need not come to that oven and he can wash clothes somewhere else. This objection was brought to the notice of the brother of the appellant by the deceased and he took the appellant to task and asked him to keep quiet. Therefore, there was some bitterness between the two on account of this.

(3.) P .W. 1, wife of the deceased, then went to Choolaimedu Police Station at 10.50 p.m., and gave the first information report, Exhibit P -1 to P.W.9. This was registered under section 302, Indian Penal Code, and investigation immediately started by sending express reports to the higher officials. Meanwhile, the accused ran to Kodambakkam police station and surrendered himself before the police informing them about the occurrence. The Investigating Officer P.W. 9 proceeded to the scene of occurrence within a shortwhile and then proceeded to Kodambakkam Police Station where the appellant had taken shelter. The appellant was interrogated and he made a confessional statement, the admissible portion of which is Exhibit P -2. In pursuance of the same, the appellant took the police party to a house near Choolaimedu and took out M.O. 5 knife from a thorn bush which was recovered by the police under a mahazar Exhibit P -3 attested by a local witness, P. W. 7 and another. The Investigating Officer then returned to the scene of occurrence and after preparing the observation mahazar and conducting inquest over the dead body from 12.30 a.m. and 3.15 a.m. sent the dead body to the General Hospital for autopsy. P.W. 151 also seized the blood stained clothes M.Os. 1 to 4. M.Os. 1 to 5 were sent for chemical examination through Court and they revealed human blood stains.