GUNASEKARAN Vs. STATE

JUDGEMENT

(1.) Appellant is the Accused in S.C.12/1995 on the file of Principal Sessions Court, Ramnad. By the Judgment dated 26.04.1996, the Principal Sessions Judge has convicted the Appellant / Accused under Sec.302 IPC - for causing the murder of Sundararajan and under Sec.326 IPC - for causing grievous injuries to Krishna Iyer and sentenced him to undergo Imprisonment for Life and Imprisonment of five years respectively. Sentences were ordered to run concurrently.

(2.) Facts which led to the occurrence could briefly be stated thus:- P.W.1 - Krishna Iyer was residing in Nagaiah Vaidhiyar Street. Deceased Sundararajan, P.W.2 Lakshmi and P.W.7 Kuppammal are his son and daughters. Deceased and P.W.1 were doing Sidha Vaidhiyam. They were residing upstairs of the house belonging to one Azagappa Asari. The Accused was residing downstairs of the same building. The motor and the Switch Board were downstairs. There was frequent quarrel between the family of P.W.1 and the Accused in switching on the motor.

(3.) While so, on the night of 07.05.1994 at 1.30 AM on 08.05.1994, after witnessing the second show cinema, deceased Sundararajan came to the house and switched on the motor. At that time, the Accused came out and switched off the motor, which resulted in a wordy altercation and also ensued in a scuffle between them. At that time, P.W.1 shouted at the Accused and the Accused went inside the house.