KUMAR @ MAGILMANNAN Vs. STATE

JUDGEMENT

(1.) The two accused, who have been convicted under Section 302 read with 34 IPC and sentenced to undergo imprisonment for life with fine of Rs.500/- each, in default to undergo two years Rigorous Imprisonment by the District and Sessions Court, Nagapattinam in S.C.No.139/2010 on 10.04.2013 are the appellants before us.

(2.) The prosecution case is that, Kumar [A1], who is the son of Murugaian [A2], had lent Rs.5,000/- as loan to the deceased Pilavendran. The accused were asking Pilavendran to return the loan, but of no avail. After attending the function in the village Church on 20.05.2010, Pilavendran was returning to his house around 8.00 in the evening, when A1 and A2 accosted him and demanded the return of money. It is alleged that A2 held the deceased and A1 stabbed him on the left chest with a knife [M.O.1]. When Pilavendran fell down, A2 also stabbed him. Kennedy [P.W.2] the brother of the deceased, and one Thomas [P.W.2] a friend of the deceased were coming about 20 feet behind and that, it is the prosecution case that they saw the occurrence. After fatally attacking Pilavendran, the accused fled and Pilavendran dropped on the ground. Kennedy [P.W.1] and Thomas [P.W.2] carried Pilavendran to the Government Hospital, Thiruthuraipoondi in a car and they were informed that Pilavendran was dead. The body was kept in the mortuary and intimation was sent to the police. Sridharan [P.W.9], who was the Special Sub Inspector of Police in Thalaignayar Police Station, received intimation [Ex.P8] at about 22.30 hrs on 20.05.2010 from the Police Outpost in Government Hospital, Thiruthuraipoondi and proceeded to the hospital. At the Government Hospital, Thiruthuraipoondi he recorded the statement of Kennedy [P.W.1], which is the complaint [Ex.P1] in this case. He came to the Police Station and registered a case in Cr.No.127/2010 under Sections 342 and 302 IPC against both the accused at 2.00 a.m. on 21.05.2010 and prepared the printed FIR [Ex.P9]. The complaint [Ex.P1] and the FIR [Ex.P9] reached the jurisdictional Magistrate at 10.30 a.m. on 21.05.2010, as could be seen from the endorsement thereon.

(3.) The learned counsel for the appellants took us through the evidence of P.Ws.1 and 2 and contended that their testimonies are unbelievable. P.W.1 the brother of the deceased, in his evidence stated that he is an agriculturist and that the deceased was his brother. He stated that his brother was living separately with his family in the same street and the accused also belong to the same village. The deceased was a very good friend of A1 and the former had borrowed Rs.5,000/- from the latter about 2 months prior to the incident. In the evening of 20.05.2010, the deceased went to the Church with him, his son Anand, Thomas [P.W.2] and a few others of the village and took part in the congregation. After the Mass, they were returning home around 8.45 p.m. The deceased was walking in front and he was walking about 20 feet behind him along with his son Anand and Thomas [P.W.2]. At that time, he saw both the accused stopping the deceased and quarrelling with him demanding the return of the loan. He also gave details about the conversation between the deceased and the accused. Thereafter, A2 held the deceased tightly and A1 whipped out a knife and stabbed Pilavendran on his chest. As Pilavendran fell down, A2 took out a knife and stabbed him in the left part of the abdomen. On seeing this he and the others shouted, and the accused ran away. He took the deceased in a car to the Government Hospital, Thiruthuraipoondi and reached the hospital around 10.45 p.m. The doctors who examined Pilavendran declared him dead. He further stated that the body was kept in the mortuary and while he was at the hospital, the police came between 11.00 and 12.00 in the night and recorded the statement from him. They took him to the police station and registered the FIR. He identified the two knives that were used by the appellants and they were marked as M.Os.1 and 2. He further stated that there was a street light burning near the house of Susai Manickam, on account of which, he was able to witness the incident.