S S SUNDARAM Vs. STATE

JUDGEMENT

(1.) THE revision petitioner , who was tried for having attempted to commit murder was ultimately convicted under Section 27 of the Arms Act and Sentenced to undergo simple imprisonment for one year, by the Assistant Sessions, Judge, Ramanathapuram at Devakottai.

(2.) ON appeal, the learned Sessions Judge, Ramanathapuram at Madurai confirmed the conviction and sentence of the petitioner.

(3.) THE facts of the case are briefly these : P. W. 1 Ramachandran is a resident of Vanjinipatti Village. On 26-11-1970, he went to A. Thekkur which is about 1 1/2 miles from his village to bring the Village Vaidyar for the treatment of his child who was not well. As the Village Vaidyar had gone out, he waited there for some time expecting him to return. P. W. 2 Kadirvelu joined P. W. 1. Both of them were sitting in Chinnakachari Koodam which is about 100 ft. from the house of the Village doctor. It was about 3-30 P. M. The revision petitioner lust then passed that side in a Herald car. The revision petitioner was seated by the side of the driver in the front seat. The car, after having proceeded some distance, returned back and was parked near Periakacheri Koodam, which is just opposite to the place where P. Ws. 1 and 2 were sitting. The revision petitioner got down from the car with a double barrel gun (M. O. 1) in his hand. He took two cartridges from the right side pocket of his shirt and loaded them in the gun. He then came towards P. W. 1 and aimed the gun towards the chest of P. W. 1 saying (original in Tamil omitted Ed. ). Immediately, P. W. 1 rose up from his seat, P. W. 2, who was with P. W. 1 pounced on the revision petitioner and caught hold of the gun and thereby prevented the revision petitioner from shooting. The driver of the car also caught hold of the petitioner by the hip from behind. Both P. W. 2 and the driver took the petitioner and put him in the car in the rear seat. Thereafter, the car left that place with the petitioner and the gun. P. W. 3, Subbaiah and. P. W. 4, Jayaraj claimed to have witnessed the occurrence.