VEERAPPAN Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the accused in Sessions Case No. 47 of 1986 on the file of the learned Second Additional Sessions Judge, Salem, challenging the legality and correctness of his conviction under Section 302 of the Indian Penal Code and the sentence of Imprisonment for Life.

(2.) The accused / appellant was tried for the offence of murder on the allegation that on 9-6-1985 at about 7-30 a.m., at the National Sago and Starch Factory. Old Suramangalam, Salem, the accused cut the deceased Thimmanna Bhat with a koduwal on his head and other parts of the body, as a result of which he succumbed to the injuries on the same day. To substantiate the above charge, the prosecution has examined PWs 1 to 17, filed Exs. P-1 to P-24 and marked M. Os 1 to 9.

(3.) The case of the prosecution as revealed from the oral and documentary evidence, can be briefly stated as follows :- PW 1 is the son of the deceased. PW 4 is the wife of the deceased. The deceased was employed as Manager in the National Sago and Starch Factory and retired during 1981. Again he was appointed as Adviser in the said factory, as is evidenced by Exs. P1 and P2. The deceased was living in the quarters belonging to the said factory. The accused used to unload bags from the lorries to the godown and it is stated that he was the leader of the coolies who unload the bags. For unloading the bags from the lorry, the coolies were paid 25 Paise per bag. Since 1985, the accused and the other coolies were demanding for enhancement from 25 Paise to 40 Paise per bag on the ground that enhanced rate was being paid by others. In respect of the said demand, there was some discussion between the deceased, PWs 6 and 7 as well as the accused but they did not arrive at any final settlement. When it was informed to PW5, the proprietor of the factory, he said that whatever decision was taken and the rate fixed, he would pay the same from 1-5-1985. It is stated that the accused was complaining that the deceased was standing in the way of the coolies getting enhanced rate of 40 Paise per bag. This is said to be the motive for the occurrence.