PONNUSWAMI ALIAS KANDASAMI Vs. STATE

JUDGEMENT

(1.) THE appellant Ponnuswami alias Kandasami has been convicted of murder of three persons (on three counts under Section 302 of the Indian Penal Code) and sentenced to the extreme penalty of the law, subject to confirmation by this Court, He has also been convicted of an offence wider Section 380 of the I P. C. (theft in a dwelling house) and sentenced to rigorous imprisonment for one year, this sentence to merge with the sentence of death.

(2.) THE occurrence took place on the night of Friday, 15-9-1972. in the lonely hut of one Ramasami Goundar, an old man of seventy-six years. The other inmates of the house were his second wife, Elayammal, his twelve-years old grandson Rasan, through his first wife, and his younger brother, Chinnayan, From the evidence it appears that Chinnayyan was practically an idiot. They were living in a house in a field called Kiluvankadu in Odapalayam limits. There were only fields around and there was no human habitation within three furlongs. (See the sketch, Ex. P-27 ). The appellant is related to Ramswami Goundar. Though he is a native of Odapalayam and seems to have some lands there, they were not productive and he was wandering about. He used to stay with the deceased, Ramaswami, Goundar, whenever he came to Odapalayam. In fact, he was staying with the deceased for about four days till the night of the murder. P. W. 1 speaks to this. He is a resident of Odapalayam and he is a cousin of the deceased Ramaswami Goundar (their mothers being sisters ). He would leave his sheep in the sheep pen of his cousin, Ramaswami Goundar, and, in that connection, he used to go there morning and evening. He went there on Friday, 15-9-1972, about 7. 30. p. m. and saw the guest in the house and the other inmates.

(3.) THE next morning (16-9-1972), about 5 a. m. , according to the evidence of P. W. 2, who is the wife of P. W. 1, the accused came to their house and knocked at the door. P. W. 2 was in bed. She came out and questioned the accused. The accused replied that he was going to his village. (He must have meant Olaipalayam, where his brother-inlaw was living ). P. W. 2 says that the accused was in an agitated state then. The accused went away. P. W. 2 informed her husband of this when he got up, P. W. 1 says that his wife told him that the accused had come and asked her, "are you still sleeping?" and went away without answering further question. At 7 a. m. he went to Kiluvankadu. On his way he peeped in and found to his horror Ramaswami Goundar, his second wife Elayammal and his grandson Rasan lying dead murdered with injuries. The articles in the adjoining room were found scattered on the floor. The gold chain which Elayammal used to be wearing on her neck was missing. The appellant was not there. P. W. l's suspicion fell on the appellant. He went to P. W. 3, the owner of the next northern field and informed him and gave information of it in the village. He then went to report the matter to the village Headman (P. W. 8) living about four miles away. He made a report (Ex. P-l) at 10. 30 a. m. , expressing his suspicion against the accused. P. W. 3 corroborates P. W. 1.