GOVINDASWAMI Vs. STATE

JUDGEMENT

(1.) ONE Govindaswami, who has been convicted and sentenced to imprisonment for life under Section 302, I. P. C. for the murder of his father, Kondathu Gounder, is the appellant.

(2.) THAT Kondathu Gounder died of homicidal violence at the hands of the accused prisoner, is established beyond reasonable doubt by the evidence on record. The real question for consideration, however, is whether the appellant is entitled to the benefit of the exemption provided in Section 84, I. P. C.

(3.) THE deceased, Kondathu Gounder, first married one Kaveri, by whom he had two daughters, Venkatammal and Saraswathi, and two sons, Govindaswami (accused) and Gopal (P. W. 5 ). The daughters are not yet married, On the death of Kaveri about 10 years prior to the occurrence, he married her sister, Rajammal (P. W. 1 ). P. W. 1 speaks to the relevant circumstances preceding the occurrence. The deceased is stated to have sold about 13 acres of fertile land of the family out of the 30 acres owned to P. W. 1, and this was resented by the accused. P. W. 1 states that the accused beat her on two or three occasions, and her husband, the deceased not being able to control the accused, she left for her father's house at Sadimugai, 12 miles from Kothamangalam. Proposals for the marriage of the two daughters had been made. The eldest daughter was to be married to her brother and the next one was to be married to P. W. 2, The deceased and his children were living at Karachikori near Kothamangalam about one mile from Chakkillian Thottam which had been sold to P. W. 1. There is evidence that the accused used to pester P. W. 1 even at her father's place, and a week before the occurrence he had stayed there for about 3 or 4 days worrying her for his share in the Chakkilian thottam and desiring that he should be got married. P. W. 1 appears to have pacified him, promising to do the needful after the daughters were got married. P. W. 1 deposes that the accused left the place with threats of violence to her and her husband.