KALIYAPERUMAL Vs. STATE

JUDGEMENT

(1.) THE sole accused in a case of murder in S.C. No.27/99 on the file of Addl. Sessions Judge, Pondicherry at Karaikal, on being found guilty and awarded life imprisonment, has brought forth this appeal.

(2.) THE short facts necessary for the disposal of this appeal could be stated thus: - P.W.1 is a neighbour of the appellant. P.W.10 is the son of the appellant; P.W.12 is the daughter-in-law of the appellant and P.W.15 is the daughter of the appellant. THEy were all living in Door No.40, 3rd Cross, Seniar Kulathu Street, Valatheru, Karaikal. THE house property was mortgaged and it could not be redeemed for a long time over which there was often quarrel in the family. On the date of occurrence, namely, on 18.6.98, at about 9.00 p.m., the appellant after finishing his work came back and was sitting in a chair outside the house, while P.W.s 10, 12, 15 and the deceased were present in the house. When the deceased was inside the house, the appellant, who was sitting outside, shouted as to whether the deceased was going to redeem the property or not. He also abused in filthy language. THE deceased, who is the son of the appellant, came out and abused the appellant in filthy language and he also slapped his father. Immediately, P.W.s 2, 10 and others, who were present took him inside and pacified him and advised him not to quarrel. P.W.10 even went to the extent of committing suicide by pouring kerosene saying that if such a quarrel is to go on, it is better to die. He was prevented and was pacified. THEreafter, the deceased came out of the house and suddenly, the appellant, who was sitting outside, took out a chisel, M.O.7 and stabbed the deceased on the abdomen and the deceased immediately fell down. THE appellant ran away from the place.

(3.) IN order to substantiate the charge framed against the appellant, the prosecution marched sixteen witnesses and relied on twenty exhibits and seven material objects. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Cr.P.C. on the incriminating circumstances appearing in the evidence of the prosecution witnesses. The appellant denied them as false. No defence witness was examined. The court, after hearing the arguments advanced by either side and on perusal of the recorded evidence, found the accused guilty as per the charge and awarded life imprisonment, which is the subject matter of challenge in this appeal before this Court.