STATE OF TAMIL NADU Vs. MUTHU NADAR

JUDGEMENT

(1.) This is a state appeal against the order of acquittal rendered by the learned Sessions Judge, Kanyakumari, against the respondents herein. These respondents were arrayed as accused 1 to 3 in Sessions Case No. 24 of 1985 under the following charges; Accused 1 to 3 were charged under Section 341 of the Indian Penal Code for the offence of wrongfully restraining one Chokkalinga Nadar since deceased on 15.11.1984 at 4 P.M. The second accused was also charged for the murder of Chokkalinga Nadar under Section 302 of the Indian Penal Code. A-1 and A-3 were also charged for the offence under Section 302 read with 34 of the Indian Penal Code for the death of the said Chokkalinga Sadar. A-2 was also charged under section 323 of the Indian Penal Code for causing hurt to P.W. 2. Similarly A-3 was charged under Section 324 of the Indian Penal Code for causing grievous injury to P.W. 1. Lastly, A-1 was also charged under Section 325 of the Indian Penal Code for voluntarily causing grievous hurt to P.W. I. All the accused pleaded not guilty and claimed to be tried.

(2.) The parties were living in North Bhagavathipuram. The deceased had two wives. The first accused is the son through the first wife. Accused 2 and 3 are the sons of the first accused. P.W. I is the son through the second wife. P.W. I has also two younger brothers and two sisters, one of them being P.W. 10. On 30.12.1982, the deceased is said to have settled his properties under Ex.P. 13 to A-1, P.W. I and the two sisters. P.W. 10 and her husband are living in Madras. The property allotted to P.W.10 was being looked after by the deceased. In the said land allotted to P.W.10, there are valuable trees from which leaves are being cut from time to time. According to the prosecution, A-1 was demanding one half share in the properties of the deceased. It is also stated that A-1 was often cutting the leaves from the trees in the land of P.W. i0. This was being objected to by the deceased. On 15.11.1984, at or about 2 P.M. when P.W. I was in his house, P.W. 8 who is said to be the colleague of P.W. I in the silk worm business run by P.W. I came to his house and told him that A-1 was cutting leaves from the lands of P.W.10 and that the same was being objected to by the deceased. P.W. I therefore, went to the said land and tried to pacify the deceased and brought him home. At about 4 P.M. P.W. I, his wife, P.W. 7 and his wife along with the deceased were talking in the front of the house. The deceased went to the road saying that he was going to give a police complaint against the first accused. At that time, the accused came towards the east. A-1 was armed with a stone M.O. 2 and A-2 was armed with aruval. A-1 shouted saying that the deceased had no right to prevent the accused from cutting the leaves from the trees in the lands of P.W.10. He also said that unless the deceased was done away with, there could be no peace for the accused. So saying, the first accused is said to have hit the deceased on his right ear with a stone M.O. 2 and pushed him to the ground. The deceased fell on the ground. The second accused thereupon cut the deceased on the right arm with the aruval. He gave a second cut on the back side of the arm. He is also said to have pecked the head of the deceased with the pointed portion of the aruval. P.W. I and others came towards the deceased. A-1 hit P.W. 1 with the stone on the head of P.W.I. It resulted in a bleeding injury. The third accused is said to have picked up some stones from the ground and threw them against the witnesses. One of the stones struck P.W. I on the fore head. The second stone hit P.W. 2 on her chin. The witnesses shouted. The first accused dropped the stone and along with two accused ran away from the scene. The second accused carried the aruval with him while running. The deceased died on the spot.

(3.) P.W. 1 is said to have reached Susindram Police Station at 5.30 P.M. The Sub-Inspector P.W. 11 was present and he recorded a statement from P.W. 1. P.W. 1 signed the statement so recorded by P.W. 11 i.e., Exp. 1. Exp.2 is the printed First Information Report. Along with memo Exp. 5, P.W. 1 was sent to the Nagercoil Government Head-quarters Hospital. He was admitted as an inpatient. The Sub-Inspector, P.W.1i has referred to the statement given by P.W. 1 at 5.30 P.M. He also says that he sent P.W. 1 to the hospital for treatment He sent a copy of the First Information Report to the Magistrate as well as a copy to the Inspector who was in charge of Susindram Police Station viz., P.W.15 through P.W. 12., P.W. 15 was in charge of the Susindram Police Station because the regular Inspector P.W.16 was on leave. He refers to the fact that he received the First Information Report Exp. 1 at 6.30 P.M. on 15.11.1984.