THYAGARAJAN Vs. STATE REP

JUDGEMENT

(1.) The 1st accused in Sessions Case No. 160 of 1985 on the file of the Sessions Judge, West Thanjavur, is the appellant in this appeal. He has been convicted by the learned Sessions Judge for an offence under Section 302, I.P.C., and sentenced to Imprisonment for life.

(2.) There were two accused in this case. Charges were framed against both the accused for an offence under Section 352, I.P.C., and against the appellant under Section 302, I.P.C. The 2nd accused Subbaiyan died during trial The trial Court on the basis of the evidence adduced, found the 1st accused/appellant not guilty of the offence under Section 352, I.P.C., but guilty of the offence under Section 302, I.P.C., and convicted and sentenced him as indicated above.

(3.) The short facts leading to the occurrence are as follows :- The appellant and the 2nd accused Subbaiyan are brothers. They are residents of Gorikulam in Thanjavur Taluk. The deceased Dhanapal, P.W. 5 Shanmugham and P.W. 6 Munuswami are brothers. P.W. 3 Lalitha is their sister. P.W. 1 Selvi is the wife of P.W. 5 P.W. 2 Devaki is the wife of the deceased Dhanapal. They are all residing in the same place. According to the prosecution, both the deceased and the accused were originally doing illicit arrack business and discontinued the same due to misunderstanding. On 5-6-1985 at about 3-30 p.m., P.W. 6., and accused, one Subramanian and the appellant were playing cards in the appellant's house. At that time the deceased came there and questioned the appellant as to why his brother P.W. 6 was brought there to play cards with them. Thereupon, P.W. 6 left the place and went to his house. According to the prosecution, this has resulted in a wordy quarrel between the appellant and the deceased.