CHINNAPPAN UDAYAR Vs. STATE

JUDGEMENT

(1.) The appellant in this case has been sentenced to death by the Sessions Judge of Tiruchirappalli for having caused the death of his stepmother, Karuppayi Ammal alias Sembral Ammal. He has also been convicted under Sec. 404 of the Indian Penal Code for which he has been sentenced to three years rigorous imprisonment. The occurrence is said to have taken place on the 16th Dec. 1953 between 10 A.M. and 12 noon.

(2.) The circumstances which have led up to the murder are these: The deceased was the second wife of P.W. 9. The accused is PW 9's son by the first wife. By the second wife, PW 9 has two daughters, both of whom have been married. The accused also is married and he and his wife were living with PW 9 and the deceased. There were frequent quarrels between the deceased and the accused's wife and sometimes between the deceased and the accused also. As a result of one such quarrel the wife of the accused is said to have left the house a few days before the occurrence and she did not return. The deceased used to give presents to her daughters which amounted to Rs. 300 or Rs. 400; This seems to have annoyed the accused. On account of this and the misunderstandings between himself and the deceased, resulting in the wife of the accused leaving the house, it is alleged the accused murdered her while she was working in the field. On the date of the occurrence, PW 14, the elder daughter of the deceased was present in the house having come for confinement.

(3.) On the date of the occurrence, according to the prosecution, PW 2 a cooly, and PW 3. a farm-servant of the accused were said to have been cutting grass in the field called Manakadu which is about half a mile west of the house of the accused. It is said that the accused was present supervising the cutting of the grass. It was about 10 a.m. when the deceased also came there to cut grass. Her aruval was broken and she is said to have borrowed PW 3's aruval and started cutting grass. Then P.Ws. 2 and 3 bundled up the grass that they had cut and they took the bundles and went to the house of the accused, accompanied by him. The accused also is said to have carried a bundle of grass. While the accused and PW 2 left the bundles on the pial, PW 3 went to the backyard. Then the accused is said to have taken PW 2 to the Vinayagar temple nearby, and told him that Sembrai ammal (referring to the deceased) was alone in the field and asked him to come with him to finish her. But PW 2 declined to take part in the act, and, therefore he refused to go with the accused. Thereupon, it is stated, the accused went by himself towards the place where the deceased was cutting grass, in his field. PW 2 then went to the backyard and told PW 3, Velu of what happened between him and the accused. PW 3 is said to have advised PW 2 not to poke his nose in the affairs of big persons. (It may be mentioned that the accused belongs to a fairly well-to-do middle class family). Then PW 2 went away home and PW 3, as usual, was working in the accused's house.