PALANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The accused in S.C. No. 191 of 1984 on the file of the II Addition 1 Sessions Judge, Tiruchirapalli, has preferred this appeal challenging the legality and correctness of the conviction under section 302 Indian Penal Code and the sentence to imprisonment for life. The appellant was tried for the offence of murder under section 302 I.P.C. on the allegation that he on 2.8.1984 at about 4 P.M. at Theranipalayam, Lalgudi Taluk, within the limits of Siruganur Police Station, caused the death of the deceased Govindan by stabbing him with a spear on his left chest To substantiate the above charge, the prosecution examined P.Ws., 1 to 12, filed Exs. P1 to P16 and marked M.Os. 1 to 5.

(2.) The case of the prosecution as revealed from the oral and documentary evidence is briefly as follows: P.W. 4 is the-brother of the deceased Govindan. P.W. 1 is a resident of Nadu Street, Theranipalayam, where the deceased also lived. On the dare of occurrence namely, on 2.8.1984 at about 4 p.m. in from of the betelnut shop of one Raja, P.W. 1 was standing to purchase betelnut. At that time the deceased Govindan and his brother P.W. 4 were quarrelling over sharing mutton. They indulged in a wordy quarrel. Then the accused came there and questioned them as to why there were shouting and he asked them to go away. The deceased retorted that among the brothers, they were quarrelling and asked the accused to go away. The deceased pushed the accused also. The accused found fault with the deceased for having giving such a reply and beat him twice with hands and then saying that he would see to him ran to his house and returned with M.O. 1 spear and stabbed the deceased on his left chest. On receipt of the stab the deceased fell down and died instantaneously. The accused after withdrawing the knife ran away from the scene place. P.W. 2 and others were there. P.W. 1 and others chased the accused; but in vain. They threw stones at the accused.

(3.) P.W. 1 went to the Village Administrative Officer (P.W. 5) and reported the matter. P.W. 5 reduced the narration into writing, read over the same and obtained the signature of P.W. 1. It is marked as Ex. P1. P.W. 5 came to the scene place along with P.W. 1 and after posting the Thalayari to keep watch over the dead body, went along with P.W. 1 to the police station and handed over Ex. P1 along with his yadast Ex. P2.