STATE Vs. JOSEPH

JUDGEMENT

(1.) THE State represented by the Public Prosecutor has preferred this appeal against the order of acquittal passed by learned Sessions judge, Nagercoil in S. C. No. 89 of 1984 on his file. THE respondent was charged under Sec. 302, I. P. C. on the allegation that on 21. 7. 1984 at about 6. 30 p. m. at Punathuvilai, Sion Malai, in front of his house committed the murder of one sundaram by stabbing him with M. O. 1 knife.

(2.) THE prosecution examined 18witnesses, filed 21 exhibits and marked 4 material objects. THEy disclose these facts: THE respondent Joseph and deceased Sundaram are cousins. THE respondent was indebted to Sundaram. Two months prior to the occurrence there was a wordy quarrel between the two when the deceased demanded repayment of the loan. One month prior to the incident also both of them quarrelled with each other oh this issue. On 18. 7. 1984 at about 8. 00 a. m. deceased Sundaram once again made a demand for the repayment of the debt. A wordy duel ensued. P. W. 4 Ramalakshmi intervened and pacified both of them. Respondent went away stating that he would pay the money at the appropriate place.

(3.) ON 28. 7. 1984 at 9. 30 a. m. P. W. 7 Doctor who was in-charge of the ward found Sundaram dead and sent Ex. P-5 death intimation to kottar Police Station. P. W. 13 constable received the same at 1. 05 p. m. in kottar Police Station and transmitted it to Thiruvattar Police Station. P. W. 14 constable incharge of Thiruvattar police station received the same, altered the crime to one under Sec. 302, I. P. C. and sent Ex. P-16 Express F. I. R. to the court and information to the Inspector of Police.