NALLI ALIAS NALLIANNA GOUNDER Vs. STATE

JUDGEMENT

(1.) The first accused in S.C. No. 96 of 1984 on the file of the learned First Additional Sessions Judge, Salem, has preferred this appeal challenging the legality and correctness of his conviction under Section 302, Indian Penal Code and the sentence to undergo imprisonment for life and also the conviction under Section 324, Indian Penal Code and the sentence to undergo rigorous imprisonment for six months. Both the sentences were directed to run concurrently. The appellant and his wife were tried for four charges on the allegation that they along with juvenile accused Gunasekaran and Vijaya on 15-8-1983 at about 3 p.m. attacked the deceased Chinnusami and party, in which the juvenile accused Gunasekaran caught hold of the deceased while the appellant (first accused) stabbed him with knife and when the wife of the deceased namely Kaliammal (P.W. 1) intervened, the second accused Palaniammal prevented her from doing so by obstructing her while the juvenile accused Vijayan obstructed witness Vijaya (P.W. 2), and when the deceased wriggled out and ran, the appellant again stabbed him and as a result of the same he died. During the course of the same transaction, the appellant also stabbed P.Ws. 1 and 2 and caused injuries. To substantiate the above charges, the prosecution examined P.Ws. 1 to 14, filed Exs. P-1 to P-23 and marked M.Os. 1 to 14.

(2.) The case of the prosecution as disclosed from the oral and documentary evidence can be briefly stated as follows : The first accused is the husband of the second accused. Juvenile accused Gunasekaran and Vijaya are the son and daughter of accused 1 and 2. P.W. 1 is the wife of the deceased Chinnusami. P.W. 3 is the wife of one Subbu Goundar. They are all residents of Bodinayakanpatti. P.W. 1 along with her husband and daughter P.W. 2 were living in the field shed at Bodinayakanpatti. The deceased purchased 45 cents of land from Ponnusami Padayachi about a year prior to the occurrence. Karupanna Goundar (father-in-law of the first accused) failed in his attempt to purchase the said property. Hence he is aggrieved by the same. About two months after the purchase, the deceased and P.W. 1 went in a cart in order to dig mud in the land purchased. At that time, the first accused and his father-in-law Karupanna Goundar obstructed the cart from proceeding. Thereupon they brought 10 panchayatdars and in spite of the advice given by the panchayatdars, they refused to allow them to proceed. Thereupon the panchayatdars fought with them and with great difficulty, they were able to return to their house with the cart and in respect of the same, her husband reported the matter to the police and on account of the same, there was enmity between the first accused and the deceased.

(3.) On the date of occurrence, namely; on 15-8-1983 at about 11 a.m. P.W. 2, daughter of P.W. 1 and the deceased, was grazing buffalo in their field, adjacent to the land of on Kailasa Goundar. The first accused was the lessee of the said Kailasa Goundar and he was cultivating the same. P.W. 4 and one Madheswaran were also grazing their buffaloes at that time. The first accused chased P.W. 2 in order to beat her. P.W. 2 ran and caught hold of P.W. 4 who pleaded with the first accused not to beat the innocent girl and prevented him from beating. The first accused drove away the buffalo. Thereupon P.W. 2 who was frightened ran and informed her mother P.W. 1. The first accused also followed her. P.W. 1 questioned the first accused as to why he beat her daughter and if he had asked her to take the buffalo, she would have taken the same, to which the first accused abused her in filthy language and left the place.