MOORTHY Vs. STATE

JUDGEMENT

(1.) I agree. As leave to appeal had also been granted under Section 411a (1) (b), it is open to this Court to assess the evidence for itself and having done so, I am of the view that the convictions are justified. Having perused the testimony of P. Ws. 2, 3 and 4 in the light of the strong criticism levelled against their veracity, I feel that all the three of them are witnesses of truth. P. Ws. 5 and 6 corroborate the eyewitnesses' testimony to a large extent. In these circumstances on an analysis of the evidence there is no ground whatever for holding that the convictions are wrong. I agree to the confirmation of the convictions as well as the modification of the sentences, Ramaswami, J.

(2.) THESE are appeals preferred by Moorthy and Mani, accused 2 and 1 respectively in Sessions Case No. 10 of die Fourth Criminal Sessions of 1955 of' the Madras High Court, against their convictions, under Section 302 read with Section 34, I. P. C. in the case of accused 1 and under Section 302, I. P. C. in the case of accused 2, and the sentences of death.

(3.) THE facts are: The deceased in this case one Krishnaswami Naidu, was employed as a Alaistry in the Zoological Gardens of the Corporation of Madras. It is in evidence that this deceased was a hard taskmaster and naturally the servants of the zoo bore him illwill. One of the persons who is said to have borne him a grudge, in particular, was one Bhima Pillai, accused 3 in the Sessions case charged under Section 302 read with Section 109, I. P. C. and got acquitted. It would appear that on 23-7-1955, the deceased asked this Bhima Pillai to do some work. This Bhima Pillai wanted to avoid doing the work and asked for permission to go for tea. The deceased refused permission. In spite of it, Bhima Pillai wont away. On that account there was an altercation between the deceased and this Bhima Pillai. The deceased reported the matter to the Superintendent of the Madras Zoo P. W. 10 Sri B. V. Ramanujulu. P. W. 10 sent for the deceased and Bhima Pillai. Bhima Pillai gave a written undertaking, Ex. P. 1, apologising for his conduct and stating that he would thereafter obey the orders of the Maistry. The Superintendent thereupon passed orders warning him for the last time and informing him that if there was any further complaint against him he would be reported for dismissal. This Bhima Pillai was suspended for half a day. This was greatly rankled in the mind of this Bhima Pillai who seems to have looked upon what happened as an abject humiliation of himself by the deceased and appears to have informed Krishnaswami Naidu of this the next day. This constitutes, according to the prosecution, the motive for this occurrence.