VELUSAMY Vs. STATE

JUDGEMENT

(1.) The appellant-accused has been convicted by the Additional Sessions Judge, Tirunelveli under Sec.302 of the Indian Penal Code, in that he, on 17-12-1978 at about 4-30 P.M. in the village of Melakadayanallur in Tenkasi taluk, committed the murder of his father Sangili by hitting him with a grinding stone on his head, and sentenced to suffer imprisonment for life.

(2.) This is a case of patricide in which a wayward son has done to death his aged father for refusing to give him money for his wayward expenses. The accused, his father and his two sisters by name Karuppi and Kaliammal were living together in the middle street in the Harijan Colony in Kelakadayanallur village in Tenkasi taluk. The mother of the accused died about four years ago, P.W.1 is the deceased's younger brother's son and he lives just west of the house of the deceased and the accused. P.W.2 is the deceased's wife's brother and lives in the same place. P.W.3 is a neighbour, who lives opposite to the house of the deceased. The accused was always an idler who never went for any work and never earned anything. He was frequently troubling his father for money and, when he refused, the accused used to quarred with him. The deceased father of the accused was over 70 years of age and was unable to do any work. In fact, the sisters of the accused did agricultural work and supported the family.

(3.) This unfortunate occurrence took place on 17-12-1978 in the house of the deceased at about 4-30 P.M. The accused and the deceased were alone in the house. The accused's sisters Karuppi and Kaliammal had gone for agricultural work. At about 3. P.M. that day, P.W.1, while he was in his house, heard some noise in the house of the deceased, and when he went there, he found the accused demanding money from his father and his father refusing to give any money. P.W.1 advised the accused not to pester his father, who was himself unable to earn anything. He then returned home, but, at about 4-30 P.M., there was again a noise in the house of the deceased. P.W.1 immediately went to the house of P.W.2, the maternal uncle of the accused and took him with him to the house of the accused to advise the accused. When P.Ws. 1 and 2 came to the house of the accused, they saw his father, the deceased Sangali lying in the central room of the house placing his head on the doorstep over M.O.2 folded gunny piece. The accused was demanding money from his father. P.Ws. 1 and 2 scolded the accused and told him to earn for himself. The accused did not listen to their words and continued to demand money from his father and threatened that if he did not pay he would do him to death. Suddenly the accused took M.O.1 grinding stone (*) kept in the grinder (*) and dropped it on the head of his father, who was lying down. There was profuse bleeding from the nose and ears of the deceased and P.Ws.1 and 2 went near the deceased and found him dead. They caught hold of the accused, P.W.3, who lives immediately opposite to the house of the deceased and several others came there on hearing the commotion.