DHANDAYUTHAM Vs. STATE

JUDGEMENT

(1.) R.T. No. 4 of 1993 is a reference made by learned Sessions Judge of Dharmapuri District at Krishnagiri in S.C. No. 60 of 1992 on his file u / S. 366 of the Code of Criminal Procedure seeking confirmation of the death sentence passed on A-1 Dhandayutham, while Criminal Appeal No. 611 of 1993 has been preferred by the said A-1 Dhandayutham challenging his conviction and sentence.

(2.) A-1 Dhandayutham and A-2 Mani stood charged in the trial Court as indicated below on the allegations that on 27-9-1988 at 9-00 a.m. in the field of Velavallikadu, on account of prior enmity, at the instigation of A-2 Mani, A-1 Dhandayutham attempted to commit the murder of D.W. 2 Raji alias Raji Gounder and his wife P.W. 1 Nandhavanam, that at the same time and place and in the course of the same transaction he caused grievous hurt to P.W. 3 Pandurangan and that he trespassed into the house of P.Ws. 1 and 2 and committed the murder of Lakshmi, the first wife of P.W. 2 Raji and Perumal, the one year old child of P.Ws. 1 and 2. (see table below )

(3.) The prosecution examined 19 witnesses, filed 33 documents and marked 32 material objects. They disclose these facts :P.W. 2 Raji alias Raji Gounder is residing in his field shed in Velavallikadu of Vazhipatti village with his first wife deceased Lakshmi and second wife P.W. 1 Nandhavanam. Deceased Perumal is the one year old child of P.W. 2 Raji through his second wife. The houses of the accused are situate on the rear side of the house of P.Ws. 1 and 2. There was longstanding enmity between A-1 Dhandayutham and P.W. 2 Raji on account of a ridge dispute. Besides, A-1 Dhandayutham was nurturing a grievance that P.W. 2 Raji was having illicit intimacy with his wife P.W. 8 Santhi. A-1 Dhandayutham often used to beat and torture his wife. Once he had snatched away the Mangalyam of P.W. 8 Santhi. The latter complained to P.W. 2 Raji about the conduct of A-1 Dhandayutham. Two years prior to the occurrence A-1 Dhandayutham drove away his wife to her parents' house. While P.W. 8 Santhi chose to reside with her grand mother and eke out her livlihood by making Beedies, her three children were living with A-1 Dhandayutham.