IN RE : JOTHI ALIAS MOSES Vs. STATE

JUDGEMENT

(1.) R.T. No. 4 of 1974 is for confirmation of the sentence of death meted out to the second accused in S.C. No. 23 of 1973 on the file of the Court of Sessions, Kanyakumari Division at Nagercoil, for the offence of murder punishable under Section 302, I.P.C. of which the second accused stands convicted. The accused have filed a criminal appeal, the first accused against his conviction for an offence punishable under Section 302, read with Section 34, I.P.C. in respect of the same murder and the sentence of imprisonment for life meted out to him and the second accused against his conviction for an offence punishable under Section 302, IPC, and the sentence of death meted out to him.

(2.) Both the accused were brothers and were residing at Ettamadai. P.W. 6 Rajamani and his father the deceased Sodalamadan were also residents of the same village. According to the prosecution there bad been long standing enmity between P.W. 6 and his father Sudalamadan on the one hand and the accused on the other.

(3.) The further facts which emerge from the evidence adduced on the side of the prosecution are as follows: On the morning of 17th February, 1973 Sodalamadan left in his cart for Darisanamcope for bringing some straw and returned in the evening for food and at that time witnessed the aforesaid fight between his son P.W. 6 and the deceased and after that incident was over and P.W. 6 had told him all the details of it, the deceased told P.W. 6 that he (P.W. 6) should not come driving the cart, for if he did so the accused would beat him, and then the deceased started driving the cart to go to Darisanamcope while P.W. 6 stayed behind at home.