IN RE: DHANAPAL AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE three Appellants, Dhanabal, Ramanujam and Muthuthamizharasan, accused 1 to 3 respectively were tried by the learned Sessions Judge of South Arcot Division in S.C. No. 26 of 1974, A -1 for the offence of murder of his sister Rasayal at about 1 -30 p.m. on 5th December 1973 at Thulukkamanyam in Komaratohi village limits near keelakarai by chopping off her head with a veecharuval and the other two accused for the murder of Rasayal in furtherance of common intention or alternatively for abetment of the murder of Rasayal and found guilty A -1 under Section 302 I.P.C. and the other two accused under Section 302 read with 109 I.P.C. and sentenced to imprisonment for life.

(2.) THE first accused Dhanabal is the elder brother and accused 2 and 3 are the younger brothers of Rasayal, the deceased victim in this case. The third accused is employed as a Tamil Pandit in Pachayappa's High School, Chidambaram and he used to visit Keelakkarai village at least once in a month. P.W. 9 is employed as the Head Master of that High School. The other accused 1 and 2 are residents of Keelakkarai village were Rasayal was living. Rasayal's husband Raja Padayachi died in about the year 1962 leaving three daughters and two sons of whom Lakshmi alone is a major. After the death of her husband, Rasayal gave her eldest daughter Lakshmi in marriage to the second accused. Rasayal owns about five cawnies land called Thulukka Maniyam in Keelakkarai village. She had executed the general power of attorney Ex. P 15 dated 31st August 1970 in favour of the second accused giving him absolute powers of management of her properties and also to function as the guardian of her minor children. She began to lead an immoral life after the death of her husband and was having illegal intimacy with one Krishnamoorthi and Ramdoss. This was resented by the accused who often rebuked her for her conduct and there were frequent quarrels between the accused and Rasayal. Rasayal herself began to cultivate the land after the execution of the power of attorny Ex. B -15. The feelings between the accused and Rasayal thereafter got more embittered and the accused were threatening to do a way with her some time or other. Rasayal had sent the petitions Ex. P -10 series dated 17th November 1973 to the Superintendent of Police, Cuddalore, Deputy Superintendent of Police, Chidambarom and Inspector of Police, Kattumannarkudi alleging that her brothers were abusing her and had beaten her several times saying that she was an immoral woman and that the first accused showed her a big knife and threatened to do away with her with that knife one day or other. She had prayed in those petitions for police protection. The Sub Inspector of Police, Komaratchi P.W. 13 received these petitions on 24th January 1973 and sent for the accused and warned them.

(3.) ON 5th December 1973 when Rasayal and her farm servant P.W.4 were working in her fields removing weeds, the accused weal there at about 1 -30 P.M. from several directions, A -1 armed with a veecharuval from the east, A -2 armed with a spade from the south and A -3 from the north -west. On seeing the accused rushing towards her, Rasayal began to run towards the Kalungadi channel running adjacent to her fields. Then A -3 instigated A -1 to cut her saying that she was leading an immoral life and should not be left. Thereupon, the first accused cut Rasayal on the right side of her neck with the veecharuval and she fell down in the channel, raising as alaram. A -2 stated that she should not be left at that and that her head should be severed from her body, she being an immoral woman. Thereupon, the first accused caught hold of her hair by the left hand and cut her neck with the veecharuval, severing the head from the trunk. A -3 also uttered similar instigating words before the first accused cut the neck of the deceased completely. Ramalingem P.W.1 and Ramakrishnan P.W 2 who were returning at that time after spraying insecticides in the fields of P.W.1 saw the occurrence. Chelladurai P.W. 3 who was coming to the fields of Rasayal with food for P.W.4 also saw the occurrence. Nagappan P.W.5 who was going towards the scene of occurrence to meet Kamakrishnan P.W.2 for getting the arrears of wages also saw the occurrence. The accused left the scene of occurrence after committing the murder ,A -l taking away the veecharuval with him and A -2 leaving the spade near the feel of the deceased Rasayal. P.W 4 refused to take the food brought by P.W.3 and ran towards east to Komaratchi police station.