PANDIAN Vs. STATE

JUDGEMENT

(1.) PANDIAN, the appellant herein, who was convicted for the offence under Section 302 I. P. C. for having caused the death of his brother-in-law, and sentenced to undergo life imprisonment, challenges the same in this appeal.

(2.) BRIEF facts are summarised as follows: (a) P. W. 3 Rajammal is the elder sister of the accused pandian. She married Subban, the deceased in this case. The deceased Subban, at the time of marriage of the accused, gave a loan amount of Rs. 2,000/- to the accused. After the marriage was over, the deceased Subban demanded for repayment of the loan amount, but the accused avoided to make payment. The accused was also spreading rumour among the villagers that the deceased had illicit intimacy with the sister-in-law of the accused. (b)The fateful occurrence took place on 23. 3. 1995. On that day at about 8. 00 a. m. , the deceased Subban was going near the old toddy shop and at that time, the accused was coming in the opposite direction. The deceased stopped him and quarreled with him as to why the loan amount has not been repaid. There was no proper reply from the accused and the deceased directed him to come to the Chairman for Panchayat. At that time the accused pushed the deceased and stabbed him with knife. He caused injury on the chest, leg arm and left toe of the deceased. Then he ran away. (c) This was immediately informed to P. W. 3 Rajammal. She rushed to the spot. P. Ws. 1 and 2, who are residing nearby, along with P. W. 3 rajammal, took the victim to the hospital at Rasipuram. (d) P. W. 6 Dr. Natarajan admitted the deceased in the hospital and gave treatment. Ex. P. 1 is the wound certificate. The matter was informed to the Police Station. The deceased was referred to Mohan Kumaramangalam Hospital at Salem . (e) In the meantime, on 23. 3. 1995 at 11. 00 a. m, P. W. 12 govindan, the Head Constable, on receipt of information, went to the said Salem Hospital and examined the deceased and recorded a statement, (Ex. P. 8) and obtained his thumb impression. A case was registered initially for the offence under Section 324 I. P. C He went to the scene of occurrence and observed all the formalities and examined the witnesses. (f) P. W. 7 Dr. Mathivanan, the Assistant Professor in the Mohan Kumaramangalm Medical College Hospital , Salem , conducted surgery on the deceased. (g) On 24. 3. 1995. P. W. 12 Head Constable arrested the accused and recovered M. O 1 knife. On 16. 4. 1995 at about 3. 40 a. m, the deceased died at the Salem Hospital. On receipt of the death information, P. W. 12 altered the offence into one under Section 302 I. P. C. Message was sent to higher officials and Court on 17. 4. 1995. (h) P. W. 13, the Inspector of Police took up investigation and conducted inquest over the body of the deceased and examined the witnesses. (i) On 17. 4. 1995 at about 12. 45 p. m. , P. W. 9 dr. Karthigeyan conducted post-mortem on the body of the deceased and found three injuries. He opined that the deceased died due to the injuries sustained by him. Ex. P. 6 is the Post-mortem certificate. (j) Thereafter, he handed over the case to his successor, p. W. 14, the Inspector of Police, who took up further investigation. After completing the investigation, he filed the charge sheet against the accused.

(3.) HOWEVER at the end, perceiving difficulty in arguing the matter for total acquittal, learned counsel for the appellant has rightly confined himself to the nature of offence in question.