KUPPUSAMY Vs. STATE

JUDGEMENT

(1.) THE accused in S. C. No. 72 of 1985 on the file of the sessions Judge, Madurai North at Dindigul, has preferred this appeal challenging the legality and correctness of his conviction under Sec. 302, i. P. C. and the sentence to suffer imprisonment for life and also under Sec323, i. P. C. (three counts) and the sentence to suffer rigorous imprisonment for six months under each count, all the sentences being directed to run concurrently. He was tried for the above two charges on the allegation that on 9. 2. 1985 at about 2 p. m. at Bommananallur he caused the death of his father Karuppanna Gounder aged about 65 years by beating him with a cart peg on his head and left cheek and again after pushing him down stamped on his chest and neck as a result of which he later died at the Government Hospital on 10. 2. 1985 at 11. 30 a. m. and during the course of the same transaction, he beat P. Ws. 1 to 3 with the same cart peg and caused simple injuries. To substantiate the above charges, the prosecution examined P. Ws. 1 to 19, filed Exs. P-1 to P-19 and marked M. Os. l to 13.

(2.) THE case of the prosecution as disclosed from the oral and documentary evidence can be briefly stated as follows: P. W. 1 is the mother of the accused while the deceased was the father of the accused. THE deceased and the accused were divided and they were living separately. P. W. l' s daughter Ramatchal was given in marriage to Rangasami who is the son of P. W. 2. and they are residents of Kambalinakanpatti. THE accused married one karuppayee. THE accused became an addict of arrack and ganja, and he used to demand money from P. W. 1 and her husband for his illegal and immoral activities. THEy also used to give him money. His wife Karuppayee, on account of the conduct of the accused, left his house and went to her paren t' s house. She also gave a complaint at Oddanchatram police station to P. W. 15 (Grade I constable ). THE said complaint is marked as Ex. P-10 wherein she alleged that she sustained injuries due to beating by the accused. Karuppayee was staying in her paren t' s house.

(3.) IN the meantime, P. W. 17 took up investigation in the case. He inspected the scene place at 4. 30 p. m. on 9. 2. 1985 and prepared the observation mahazar Ex. P-2 in the presence of P. W. 5 and another. He seized bloodstained stone M. O. 3, bloodstained grass M. O. 4, bloodstained leaves M. O. 5, bloodstained earth M. O. 6 and bloodstained earth sample earth in the presence of p. W. 5 under cover of mahazar Ex. P-3. He drew rough sketch Ex. P-12. On the same day he examined P. W. 5 who produced M. O. 2.