NARASINGA NADAR Vs. STATE

JUDGEMENT

(1.) The appeal is against the judgment of the Sessions Judge, Tirunelveli in S.C. No.10 of 1981 finding the first appellant/first accused guilty under S.302 read with S.34 of the I.P.C., convicting him thereunder and sentencing him to suffer imprisonment for life and finding the second appellant/second accused guilty under S.302 of the I.P.C., convicting him thereunder and sentencing to imprisonment for life.

(2.) The facts of the case are these : - The first accused is the father and the second accused is his son. The third accused in the court below is the brother-in-law of the first accused. P.W.1 is the son of the elder brother of the first accused and the deceased Chelladurai. The first accused and his younger brother, the deceased Chelladurai owned 3 acres of agricultural lands each cultivated with the water from a common well in which an electric motor and pumpset were installed. There were frequent quarrels between the first accused and the deceased in the drawing of water and the deceased was unable to cultivate and realise the produce from his lands. Consequently he leased out his lands to P.W.9's father Sudalaimadan, one Muthusami and one Maharaja Nadar. The first accused was aggrieved thereby. On the day prior to this occurrence i.e., on 28-5-1980, when the lessee Maharaja Nadar went to draw water from the well, he found the fuse carrier missing. P.W.9, Muthusami and Maharaja Nadar went to the first accused and quarrelled with him and got back the fuse carrier.

(3.) On 29-5-1980 at about 8.30 a.m., the deceased was proceeding along Pudhiyamputhur-Tuticorin Road with M.O.1 green bag in his hand. P.W.1 was at that time proceeding to his shop and saw the deceased ahead of him at a distance of 50 feet. Suddenly the accused 1 and 2 came from the west, the first accused armed with a suri knife. The third accused came from the lane and instigated the accused 1 and 2 to attack the deceased. The accused 1 and 2 surrounded the deceased, who went near the tea stall of P.W.2. Then, the first accused stabbed the deceased on the right side of the chest on the left flank, on both the shoulders repeatedly with his bichuva knife. When the deceased tried to ward off, he was injured in his hands. The second accused stabbed him on the back of the right ear, on the right shoulder, on the left hip and on the back with his suri knife. The deceased Chelladurai fell on M.O.2 bench in the tea-stall of P.W.2. His M.O.1 bag and his M.O.3 chappal slipped away. M.O.4 towel of the first accused and M.O.5 sheathe of the second accused also fell at the spot. The deceased then got up and with very great difficulty walked to the near by house of P.W.4. The accused 1 and 2 with their weapons ran eastwards. P.W.4, who came out of his house on seeing the deceased and P.W.5, who was then going to take tea in the tea stall of one Pandian, saw the accused ran away. P.W.5 immediately came to the house of P.W.4 and found the deceased lying on a cot. The deceased was murmuring and P.W.5 bandaged the wounds with M.O.6 and M.O.7 clothes from the house of P.W.4. Meanwhile P.W.1 went straight to the house of the village munsif and came to the house of P.W.4 along with village munsif. The deceased was then found dead by P.W.5.