LAWS(MAD)-2006-10-26

ARJUNAN Vs. STATE OF TAMIL NADU

Decided On October 18, 2006
ARJUNAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE appellant who in this judgment, will be referred to as the accused, was tried before the learned Additional Sessions Judge, dharmapuri, in S. C. No. 208 of 2001 for the offence punishable under Section 302, IPC on an allegation that, due to a land dispute, at about 11. 30 a. m. on 23-8-99, he caused the death of Santha by stabbing her on her neck, right shoulder, head and left wrist. The learned Sessions Judge, finding the accused guilty under Section 302, ipc, sentenced him to imprisonment for life and also directed him to pay a fine of Rs. 1,000/- with a default sentence of three months rigorous imprisonment.

(2.) SHORN of unnecessary details, the facts leading to the conviction of the accused are as follows :-P. W. 1 is the husband of the deceased santha, P. W. 2 is the son of the deceased and P. W. 4 is the daughter of the deceased. The accused Arjunan is the younger brother of the deceased. P. W. 1's family and the accused were residing at Errapatti. P. W. 1, at the relevant point of time, was working as a head Master in a Panchayat Union Elementary school at Errapatti and the deceased was working in a Nutritious Meal Centre in the same village. There was a partition in the family of P. W. 1 in the year 1994 and there existed a dispute between P. W 1, arjunan, the accused and one Kuzhanthai, another younger brother of P. W. 1 with regard to a land adjacent to the land of P. W. 1. The accused was pestering P. W. 1 and the deceased with regard to the same and not tolerating with the troubles given by the accused and another brother, P. W. 1 shifted his family to the house of his father-in-law at Yelagiri and after that, he and his wife, the deceased, used to come from Yelagiri to errapatti to attend their work.

(3.) THE prosecution, in order to prove the charge against the accused, examined P. Ws. 1 to 9 and marked Exs. P. 1 to P. 15 and m. Os. 1 to 7. After the completion of evidence on the side of the prosecution, the accused was questioned under Section 323, cr. P. C. on the incriminating circumstances appearing against him in the evidence. He denied all the incriminating circumstances and examined D. Ws. 1 and 2 on his side and marked Ex. D. 1, the attendance register. D. W. 1 is the present Head Master of the elementary school, where P. W. 1 was working as Head Master. Through him, Ex. D. 1, the attendance register was marked and from which, he deposed that P. W. 1 came to the school in the morning, signed in the register and went on leave in the afternoon. D. W. 2, who is working in the Meal Centre, deposed that the deceased Santha was not regular in attending to her work in the office.