VELLAISAMY Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C.No.85 of 2001, on the file of the Principal Sessions Judge, Pudukottai and was convicted for an offence under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/=, in default to undergo rigorous imprisonment for one year. Aggrieved over the said judgment and conviction, this Appeal has been preferred.

(2.) THE brief facts of the prosecution case is as follows: - THE deceased Rajangam @ Nagaraj and accused belong to Killukulavaipatty Village. P.W.1 Ponnalagu is the wife of the deceased and P.W.2 Pounraj is their son. THE occurrence said to have taken place on 16.5.2001 at 12.00 p.m., midnight. Earlier, there were frequent quarrels between the deceased and the accused since the cattle of the accused Vellaisamy used to graze in the haystack of the deceased, adjacent to his house. Five motnhs prior to the date of occurrence, there was a quarrel between the accused and the deceased who grappled together and the accused threatened to kill the deceased at any time. On 16.5.2001, at 12.00 pm., mid night, P.W.1, P.W.2 and two daughters of the deceased were lying in front of the house and since there was likelihood of rainfall with wind, P.W.1 and her two daughters went to sleep inside their house with doors open. THE deceased was lying in a mat adjacent to his Son P.W.2, Pounraj, who was sleeping on the other mat in front of their house. At that time, P.W.1 heard the alarming voice of the deceased and her son, P.W.2. She got up from the bed and saw her husband being assaulted by the accused, Vellaisamy on his neck by Aruval, M.O.7. She could see the occurrence from the light emanated from the electric light at the electrical post at the place of occurrence. P.W.1 and P.W.2 chased the accused, who ran with the Aruval from the place of occurrence and P.W.4, Shanmugham, the brother of the deceased, got up from his bed after hearing their screaming voice and he also chased the accused along with P.Ws 1 and 2 and they could not catch the accused Vellaisamy. THE occurrence took place in a remote village in the mid night and as there was no transport facility, P.Ws 1 to 4 went to the Police Station at Udayalipatti on 17.5.2001 at 7.15 a.m., and P.W.1 lodged the Ex.P.1complaint to P.W.9, Sub Inspector of Police, who registered the FIR Ex.P.10, in Crime No.50/2001, for an offence U/s. 302 IPC THE original of the FIR was sent to the Judicial Magistrate, Keeranur, copies were sent to the Inspector of Police, Keeranur and higher officials through Muthukumar, Police Constable. On receipt of the copy of FIR, P.W.10, Murugan, Inspector of Police, Keeranur, visited the place of occurrence on 17.5.2001 at 8.00 a.m., and prepared an observation mahazar in Ex.p.3, rough plan Ex.P.11. He also recovered blood stained mat, M.O.1, mat M.O.2, blood stained Banian, M.O.5, blood stained Salvai, M.O.4, Blood stained mud, M.O.5, ordinary mud, M.O.6 under a cover of mahazar in Ex.P.4 in the presence of P.W.6, Mudiyappan, Village Administrative Officer and one Koothiayan. He also arranged P.W.7 to take photographs under Ex.P.7 and 8 series of the deceased body of Rajangam. He examined P.Ws.1, 2 and 7 and recorded their statements and conducted an inquest over the body of the deceased and prepared inquest report, Ex.P.12. Afterwards, he sent the body of the deceased to the Government Hospital, Keeranur for postmortem.

(3.) ON a consideration of the oral and documentary evidence, the leaned Principal Sessions Judge, Pudukottai held that the charge framed against the accused has been proved and punished him for offence under Section 302 IPC to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5000/= in default to undergo Rigorous Imprisonment for one year.