BENJAMIN Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the judgment of the Principal Sessions Judge, Nagercoil, the appellant, who was convicted for the offence punishable under Sec.302, I.P.C., and sentenced to undergo imprisonment for life and imposed a fine of Rs.1000 in default to undergo S.I. for six months, has filed the above appeal.

(2.) BRIEF facts of the prosecution case are as follows: (a) P.W.1 Jayasekar and the deceased Vijili are brothers. They are living at Sendarai village. They are doing cooly work. These two persons along with their associates used to play cards at Vellappan Samy Vilai (Vellappan Pura Idam), after attending their cooly work. On 13.10.1999, between 6.00 and 9.30 p.m., the deceased Vijili ,P.Ws.1 to 4, Kumaradas, BoniBose and the accused Benjamin played cards. When they were playing cards, the deceased Vijili was in winning position in the game. However, the accused has given 14 cards to the deceased instead of 13 cards. When the deceased came to know about this fact, he questioned the accused as to why he has given 14 cards instead of 13 cards. There arose a wordy quarrel between the two at Vellappan Pura Idam. However, due to intervention of P.W.1 and other persons, who played along with the deceased and the accused, the accused and the deceased were separated. As a result of that the accused got irritated and humiliated. He left the place by murmuring something against the deceased. (b) Thereafter, the deceased and his brother and also other persons reached the road side and stood in front of Ponnappan bunk shop. Meanwhile, the deceased Vijili left from that place after informing his brother and others. While the deceased was proceeding towards eastern side, the accused all of a sudden came from behind the ration shop and waylaid him. There was a scuffle between the two and as a result of that the deceased fell down on the road side. The accused climbed upon the deceased and stabbed on his left chest. While both the deceased and the accused rolled down on the ground, the accused again inflicted several injuries on the body of the deceased. P.W.1 and others witnessed the said occurrence. However, they could not save the deceased from the attack of the accused. Thereafter, the accused ran away with the knife towards the western side. (c) P.Ws.1 to 4 and Kumaradas rushed to the spot and found bleeding injuries on the body of the Vijili and P.W.1asked P.W.4 Vijayaraghavan, to fetch a taxi. Thereafter, P.Ws.1 to 4 took the injured in the car and proceeded to the Government Hospital, Kottar and reached the hospital around 12.00 hours. (d) The doctor, who was on duty at the hospital, examined the injured Vijili and declared him dead. Thereafter, the doctor issued a death certificate Ex.P-10 and the same was received by the Sub-Inspector of Police, Kottar, around 23.15 hours. P.W.12 was working as a Sub-Inspector of Police attached to Pudukottai at the relevant point of time. He got information about the death of Vijili in the police station. Thereafter, he proceeded to the record a statement from P.W.1 between 1.10 a.m. and 1.45 a.m. Then, he returned to the police station around 3.30 a.m. and registered a case. Printed copy of F.I.R. is Ex.P-11. P.W.12 sent Ex.P-11 to the Court through a police constable. (e) P.W.14, received an information about the registration of the case around 4.00 a.m. and proceeded to the police station around 7.00 a.m. On receipt of a copy of the F.I.R., he immediately proceeded to Kottar Government Hospital and conducted inquest over the body of the deceased Vijili in the presence of witnesses. After the inquest was over, he prepared Ex.P-12 inquest report. Thereafter, he proceeded to the occurrence spot and prepared a rough sketch Ex.P-13. He also prepared an observation mahazar Ex.P-2 in the presence of P.W.6 and one Rajan. (f) P.W.14 recovered M.Os.8 and 9 under the cover of mahazar Ex.P-3. Thereafter, he proceeded to Vellappan Samy Vilai, wherein the deceased and the prosecution witnesses played cards between 6.00 p.m. and 9.30 p.m. on the previous day. He then recovered M.Os.5 to 7 under the cover of Ex.P-4 The said recovery was effected in the presence of P.W.7 Asirvadam and Dennis. Thereafter, P.W.14, entrusted the dead body to P.13 P.W.13, thereafter, met P.W.9 and handed over the requisition letter Ex.P-7 for conducting post-mortem examination. (g) P.W.9 conducted post-mortem examination and found the following injuries.

(3.) THE case of the prosecution is that altogether seven persons, viz., P.Ws.1 to 4, the deceased, the accused and his brother, were playing cards at Vellappan Samy Vilai (Vellappan Pura Idam) between 6.00 and 9.30 p.m. On 13.10.1999. While they were playing cards, the deceased Vijili was in the winning position in the game. However, while allocation of cards by the accused to the players, the accused Benjamin has allotted 14 cards instead of 13 cards. When the deceased came to know about such fact, he questioned the accused Benjamin. THEre arose a quarrel between the two. However, due to the intervention of the brother of the deceased Jayasekar and others, the accused and the deceased were separated.