SUNNY Vs. STATE REP

JUDGEMENT

(1.) The first accused in S.C.No.51 of 1995 on the file of the Sessions Judge, Nilgiris is the Appellant. This appeal is directed against the Judgment dated 27.03.1997, in which the Appellant/1st Accused was convicted for offence under section 304(I) IPC and sentenced to undergo Rigorous Imprisonment for seven years. By the same Judgment, the second accused, wife of the first accused was acquitted.

(2.) The case of the prosecution could be stated thus :- The deceased along with his daughter, PW-2, grandson PW-1, was residing at Kaspara, Nelliyalam Village. A-2 is another daughter of the deceased. A-1 is the husband of A-2. 15 years prior to the occurrence, deceased gave half acre of land to A-2. A-2 decided to sell the house property allotted to her, which the deceased opposed.

(3.) On 17.05.1995, the date of occurrence, the deceased and his grandson PW-1 were doing agricultural work in the land belonging to one Elisamma, who is another daughter of the deceased. At about 11.45 a.m., A-1 and A-2 came there and questioned as to why they kept the manure in their land for which the deceased replied that he would remove the same immediately. A-2 told that the deceased being an aged man was causing trouble to his family and he was to be finished off. Then PW-1 pacified A-2 and asked her not to quarrel. On hearing the noise, PW-2 and her sister Elisamma came to the land. When they came near the land, A-1 attacked the deceased with spade M.O.1 on his right shoulder saying On sustaining injury, the deceased sat on the ground. The spade broke into two. The broken handle of the spade is M.O.1 and M.O.2 is the iron portion of the spade. Thereafter, A-2 again attacked the deceased on his head with wooden log M.O.3 which was found lying there. On sustaining the injury the deceased fell down. After threatening the witnesses A-1 and A-2 went away from the scene of occurrence. Thereafter, PW-1 and PW-2 gave water to the deceased but the same was not consumed by him.