IN RE : KOLAUDAIVELU Vs. STATE

JUDGEMENT

(1.) These persons were tried by the learned Sessions Judge of East Thanjavur for the murder of one Sivagurunatha Thevar. The first accused Kulandaivelu has been convicted of the murder under Section 302 of the I.P.C. and sentenced to the extreme penalty of the law, subject to confirmation by this Court. The second accused (Balu alias Balasubramanian) has been convicted of abetment under Section 302 read with Section 109 of the I.P.C. and sentenced to imprisonment for life. The third accused (Arumugam) who was also tried for abetment has been acquitted. The convicted accused nave preferred this appeal. The State has not preferred any appeal against the acquittal of the third accused.

(2.) The prosecution case is that the first accused inflicted numerous injuries on Sivagurunatha Thevar with an aruval about 7-30 a.m. on 16th November 1972 at a place just (sic) of Manankondan river and south of the main road between Tiruthuraipundi on the west and Vedaranyam on the east The victim died within a few seconds.

(3.) The motive for the murder is stated to be two-fold: firstly about three months prior to the occurrence the first accused, who is a Thevar, is alleged to have raped Parvathi (P.W.7.), a Harijan woman, in her house about 10 p.m. when her husband was away. A panchayat was held in which Sivagurunatha Thevar was the head and the Panchayat fined the first accused Hundred rupees. The first accused paid it, and on account of this he had rancor against Sivagurunatha Thevar.