PERUMAL Vs. STATE

JUDGEMENT

(1.) THE sole accused in S. C. No. 80 of 1991 on the file of the learned III Additional Sessions Judge, Dharmapuri District at Krishnagiri is the appellant. As per judgment dated 25. 4. 1997 in the above said Sessions Case, the appellant was convicted and sentenced to undergo life imprisonment for the offence under section 302 I. P. C. and two months rigorous imprisonment for the offence under section 447 I. P. C. , which is under challenge in this appeal.

(2.) IN the final report filed by the Inspector of Police, Pennaharam Police Station, it is stated that on 18. 9. 1990 at about 9. 00 a. m. due to previous enmity in respect of land dispute, the accused viz. , Perumal caused murder of his step brother, Chinnadurai by stabbing him above the chest with knife

(3.) THE fact that leads to the filing of this appeal are as follows:- The accused Perumal is the son of P. W. 2, Govindan through his first wife, Lakshmi. P. W. 1 Maadhu is the elder son and the deceased Chinnadurai was the younger son of P. W. 2 and his second wife, Myli, P. W. 3. P. W. 4, Banumathi is the wife of P. W. 1. The accused Perumal and the deceased Chinnadurai are the sons of P. W. 2 through his first and second wife respectively. P. W. 1's parents, wife and P. W. 5, Iyandurai were engaged in rearing of silk-worms. P. W. 2 was having 20 acres of land in Sarandapallam and some lands were with irrigational facilities. Properties have been divided 15 years before. After partition, P. Ws. 1 to 4 and the deceased Chinnadurai were residing in the same house. There was dispute between them and the accused in respect of poramboke land of one and half acres situated on the south of the house. Due to rain in the night of 17. 9. 1990, P. W. 1 had been ploughing the land on 18. 9. 1990 i. e. , on Tuesday at about 9. 00 a. m. At that time the accused quarrelled with P. W. 1 about his ploughing the land and going to beat him. The deceased came to the rescue of his elder brother P. W. 1 and when questioned, the accused by taking knife hidden in his lungi stabbed him above the left chest of the deceased forcibly and took out the knife. When the accused came and try to stab P. W. 1, the deceased shouted, after running some distance the deceased fell down in the paddy field. On hearing the noise, P. Ws. 2 to 4 came there and saw the accused running towards northern side with knife The deceased was taken in a cot and was kept in the pial of the house of P. W. 1, where he died. P. W. 1 went to Pennaharam Police Station and preferred a complaint Ex. P-1.