DHANABAL 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 5-12-1973 at Thulukkamanyam in Komaratchi village limits near Keelakarai by chopping off her head with a veeoharuval 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 Section 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 where Rasayal was living. Rasayal's husband Raju Padayachi died in or about the year 1962 leaving three daughters and two sons of whom Lakshmi alone is a major. After the death of her husband, Rasayal save her eldest daughter Lakshmi in marriage to the second accused, Rasayal owns about five cawnies of land called Thulukka Maniyam in Keelakkarai village. She had executed the general power of attorney Ex. P-15 dated 31-8-1970 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 lands after the execution of the power of attorney Ex. P 15. The feelings between the accused and Rasayal thereafter got more embittered and the accused were threatening to do away with her some time or other. Rasayal had sent the petitions Ex. P-10 series dated 17-11-1973 to the Superintendent of Police, Cuddalore, Deputy Superintendent of Police, Chidambaram and Inspector of Police, Kattummannarkudi 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 24-11-1973 and sent for the accused and warned them.

(3.) THE Pachayappa's High School, Chidambaram in which the third accused is employed as a Tamil pandit had been closed from 4-121973 to 9-12-1973 under orders of the Collector of South Arcot. Whenever the school declares holidays normally the teachers do not attend the institution on those days and no special classes were conducted in the school in those days.