SUBBIAH Vs. STATE

JUDGEMENT

(1.) ACCUSED in S. C. 159/1995 on the file of Principal Sessions judge, Trichy is the Appellant. By the Judgment dated 26. 06. 1996, the trial court convicted the Appellant / ACCUSED under Section 304 (ii) IPC (acquitting him under Section 302 IPC) and sentencing him to undergo Rigorous Imprisonment for five years.

(2.) BRIEF facts relevant for disposal of this Appeal could be stated thus:- P. W. 3 - Thirugnanam is the husband of Thamizharasi -deceased in this case. The accused Subbiah is the brother of P. W. 3. Father of p. W. 3 and accused died in or about 1982. After death of his father for about eight years, there had been differences between the brothers with regard to partitioning of the family properties. That apart, in 1990 elections were held for the Cooperative Society of the Village - Valeeswaram. Deceased Thamizharasi was a nominated Member of the Society. She supported one Chithrakudi Sundararaj against the wishes of the accused and other Reddiar people. The said chithrakudi Sundararaj, whom the deceased supported, won the elections and therefore the accused developed enmity towards deceased Thamizharasi and P. W. 3. A Civil Suit is also pending between them with regard to the pathway. There was also criminal case filed against the accused. Thus there was deep differences between both the families.

(3.) P. W. 7 had continued further investigation. On 30. 01. 1994 - 6. 00 AM near Palakkarai Bus Stop at Thuraiyur, the accused was arrested in the presence of P. W. 3. When interrogated, the accused had voluntarily confessed to his guilt. Admissible portion of his confession statement - Ex. P. 4 led to the recovery of M. O. 1 - spade from one Idumban Maize garden under Ex. P. 5 - Seizure Mahazar. Blood stained clothes of the accused -M. O. 4-Dhoti and M. O. 5-Banian were also seized. The seized material objects were sent for chemical analysis. On completion of the investigation, the accused was charge sheeted for the offence punishable under Sec. 302 IPC.