STATE Vs. VERKEES

JUDGEMENT

(1.) ARUNACHALAM, J. This is an appeal by the State, represented by the learned Public Prosecutor, challenging the correctness of the acquittal of the respondent, who was A-1 in S. C. No. 68 of 1985, on the file of the Court of sessions, Kanyakumari Division at Nagercoil, of an offence punishable under sec. 302, I. P. C. , along with the respondent, his wife Hesibai was tried as A-2 for having committed murder of the deceased in pursuance of her common intention with the respondent. However, learned trial Judge chose to acquit A-2 after trial, against whose acquittal State has not chosen to prefer an appeal.

(2.) PROSECUTION case in brief will have to be narrated. Deceased Louis and the respondent are the sons of P. W. 4, Raman Nadar. P. W. 4 had partitioned his properties in favour of the deceased and the respondent, by executing documents. However, respondent was not satisfied and was incessantly picking up quarrels with his father P. W. 4, and his younger brother, the deceased. P. W. 5 Ranjithabai, wife of the deceased, has deposed about the vowing of vengeance by the appellant, to do away with the deceased, for then he would become entitled to the entire property.

(3.) P. W. 13 Pavunraj, then Sub Inspector of Police, altered the crime into one undersec. 302, I. P. C. ,at 10 a. m. on 21. 4. 1985, and forwarded the altered express report to the concerned Magistrate and his superior officers. Ex. P-15 is the altered express first information report. Before alteration of crime, P. W. 12 Rayappan. Sub Inspector of Police, had conducted investigation on Ex. P-11, the initiation first information report registered for offences punishable under Secs. 341 and 324, I. P. C.