RAJA ASARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Appellants who were accused 1 and 2 in S.C. No. 22/1987 on the file of the learned Sessions Judge, Dindigul, challenged the correctness of their convictions under Section 302 I.P.C., and under Sections 302 read with 109 I.P. C. respectively and the consequential sentence of imprisonment for life accorded and imposed in the afforestated Sessions Case, on conclusion of trial.

(2.) The deceased Ponraj was the son of PW 1 Pappathi. The accused 1 and 2 are father and son. The deceased was, living at Muniappan Kovil Street, R.V. Nagar, Dindigul with his parents. The accused are also living in the same street. On 17.7.86, PW 1 Pappathi was informed by a boy by name Muthu that the accused and the son of the first accused one Shankar are quarrelling with her son near the house of the first accused. She went there and questioned the accused why they were quarrelling with her son. She was informed that her son Ponraj was found talking with one Vasanthi (PW 5) who belongs to their community. The first accused threatened to do away with her son. Shankar brought a chisel and said that he will cut her son with the same even if had to go to jail for the same. PW 1 then took her son to her house where he had his lunch and gone for work. PW 2 the neighbour of PW I who is her relation on 17.7.86 at about 3 p.m. had heard the second accused telling the first accused pointing to Ponraj. The first accused asked the second accused who is that fellow. The second accused then informed the first accused. The deceased questioned the second accused about the same. The brother of the second accused. Shankar came there and asked the deceased whether he did not talk to Vasanthi near Mariamman temple and an altercation arose between them. PW 2 had separated them and went to fetch water. On her return, after taking water, she found Shankar bringing a chisel and telling that he would kill the deceased and does not mind to go to jail. PW 2 again intervened and separated them.

(3.) On 18.7.86, the deceased came home for lunch and after taking lunch went away with his friends. Pappathi viz., PW 1 heard some noise outside and apprehending that there was again some dispute between her son and the accused party, rushed outside and saw the accused 1 and 2 pushing her son by holding his neck in front of the house of the first accused. According to PW 3 one of the friends of the deceased, when Ponraj and himself are going along with Pandiaraj and Sivaraman, the second accused stopped the deceased, picked up quarrel with the deceased and questioned him whether he has brought men to beat them on that and slapped Ponraj. PW 2 who heard the noise outside the house, also rushed up and found the accused taking out the deceased by holding his neck. PW 1 who came and found the accused pushing her son, questioned them as to why they were beating Ponraj and at that time, the second accused caught hold of her Saree, tore it and pushed her down. An altercation arose between the accused party and Ponraj and his mother and friends in which the first accused fell down. PW 1 also fell down. At that time, the second accused caught hold of Ponraj by his neck and held him firm. The first accused got up and in the kneeling position stabbed Ponraj on his stomach with M.O.1 pen knife which he took from his waist. He also gave a second stab on the left side of chest of Ponraj. The shirt and Banian of PW 3 and the Saree of PW 2 who went to rescue of Ponraj got stained with blood. According to PW 4 the Municipal Councillor of that street; the first accused had complained to him about the behaviour of the accused with Salve Vasanthi (PW 5) and on the date of occurrence is about 6.00 a.m. while PW 6 was going to answer her calls of nature, she found the accused 1 and 2 and Shankar sitting in a cot in front of the house. On her return, she heard the second accused shouting that even if he does not go to work, it does not matter and he can attend to his other work only after finishing Ponraj. According to Vasanthi who has been examined as PW 5 about one year ago, when she went to the house of the first accused to call his daughter Parameswari to accompany her to Muthalagupatti, she found the accused Ponraj, Pandi and another man sitting in a car and talking with each other. According to PW 7 on 17.6.86 at about 2.30 p.m. when he came to his house for taking meals, he found the accused in the company of Pandi and another man playing a tape recorder in the car in which they came in front of the house of the first accused.