IN RE: PODI ALIAS VEDACHALAM Vs. STATE

JUDGEMENT

(1.) Appellant Podi alias Vedachalam has been convicted under Sec. 302, Indian Penal Code, for having caused the death of Adu alias Arumugham, by forcibly fisting him on his head, neck, etc., at Dhobikhana Maidan in Otteri at 12 noon on 9th November, 1965; and sentenced to imprisonment for life.

(2.) The deceased Adu alias Arumugham organised gambling activities at Dhobikhana Maidan near Government Firewood Depot, Otteri, and during inclement weather, cards play used to take place in the Mottai Amman Temple nearby. On the date of occurrence, 9th November, 1965, there was drizzling in the morning and cards were therefore played in the Mottai Amman Temple. P.Ws. 1, 7 and 10 and the deceased formed one set of players; and P.Ws. 3, 5, 11 and 14 the other P.Ws. 6, 8, 15 and 16 were there witnessing the play. At about 10 or 10 -30 A.M., the deceased Arumugham left for his house deputing as usual P.W. 15 Gopal to collect the fees (Kottai Kasu). P.W. 13 Kothandan took the place of the deceased Arumugham. A little later, the deceased Arumugham returned from his house, but immediately left the place along with P.W. 6, Thagarakadai Arumugham to go to the corporation, where he was a part -time employee to get his salary. P.W. 2 Varadarajulu and the appellant came there at about 11 A.M. and the appellant took the place of Kothandan and played one or two games and lost some money. Just then, the deceased Arumugham returned and stopped the play on the plea that the drizzle had stopped and the weather had cleared and hence the cards -play could be continued at the Maidan. So saying the deceased, Arumugham gathered the cards of the senior set and walked towards the Dhobikhana Maidan followed by P.Ws. 1, 2, 3 and 7. P.W. 15 Gopal began gathering the cards of the junior set. The appellant got annoyed on account of the play being stopped suddenly and took the umbrella of the deceased, which was laying there, and assaulted P.W. 15 Gopal. On learning that the umbrella belonged to the deceased Arumugham, he deliberately broke it on his knees and threw it away. Then he mounted on his cycle and rushed towards the deceased Arumugham, who was walking ahead, and deliberately dashed his cycle against the deceased Arumugham with the result that the deceased Arumugham fell down. Thereafter, the appellant dismounted from his cycle and after parking it, went and caught hold of the deceased Arumugham by his shirt firmly in his grip and fisted him on his face, neck, head, chest and stomach. The mild protest by the deceased Arumugham had no effect. P.W. 4, Pettai Gopalan, who was crossing the Maidan on his cycle at that time, got down from his cycle and intervened on behalf of the deceased Arumugham saying that he was a weakling and was likely to die and asked the appellant not to fist him. But the appellant got annoyed at the intervention of P.W. 4 Pettai Gopalan, and knocked him down and kicked him. The prosecution case is that after the deceased Arumugham fell down, the appellant went away and brought a knife and turned the body of the deceased Arumugham this side and that side and finding him dead or senseless, threw the knife contemptuously there and went away.

(3.) There were about ten eye -witnesses to the occurrence. P.Ws. 1, 2, 3 and 7 who followed the deceased Arumugham closely when they left for the Maidan, gave the details of the entire occurrence. P.Ws. 5 and 8 left the temple only after the appellant mounted on his cycle and they gave evidence about the fisting of the deceased Arumugham by the appellant. But they did not speak to the earlier incident in which the appellant dashed his cycle against the deceased Arumugham. P.W. 6 Thagarakadai Arumugham saw the later part of the incident in which the deceased Arumugham was fisted by the appellant and Pettai Gopalan (P.W. 4) was kicked by the appellant when he intervened on behalf of the deceased Arumugham. P.Ws. 10 and 11 witnessed the occurrence from some distance. According to them, they saw only the appellant standing between the prostrate bodies of the deceased Arumugham and Pettai Gopalan. They did not witness the earlier fisting. It is needless to state that P.W. 4 who was the victim of violence at the hands of the appellant, spoke to his having seen the appellant fisting the deceased Arumugham and about his (P.W. 4's) intervention and the attack made on him by the appellant. The injured Arumugham died on the spot, probably within a few minutes.