SETHURAMA KONAR Vs. STATE

JUDGEMENT

(1.) Thus Appeal raises a question viz. whether a person who stands charged for an offence under Sec. 302 INDIAN PENAL CODE, 1860 as well as for an offence under Sec.211 INDIAN PENAL CODE, 1860 can be found guilty and convicted for an offence under Sec.211 INDIAN PENAL CODE, 1860 on his acquittal on the charge of murder under Sec.302 INDIAN PENAL CODE, 1860

(2.) Certain basic facts, which are not in dispute, may first be stated. The accused, Sethurama Konar, and the deceased, Seethaiammal, are closely related. Seethaiammal is the wife of the elder brother of the accused. P.W.12, Thirupathi, is the son of the deceased. P.W.8, Pandi is a Harijana. P.W. 9 Deivanai Ammal, is the Wife of P.W.8. P.W.10 is the sister of P.W.9. The accused party belonged to the community of Konar. All of them are residents of Chinthamani, situate 6 K.M. north east of Avaniapuram Police Station, Madurai. It is common ground that there was enmity between the two groups. Ten years earlier, the brother of the accused was alleged to have been murdered by the community men of P.W.8 and P.W.8 was assisting the accused persons in that case and the case ended in conviction of the relatives of P.W.8.

(3.) While so, on 3.3.1981 at or about 4 p.m. the accused left his village for Madurai and reached Madurai at 5 p.m. The deceased came from her village Pudur to Madurai. Both of them met at about 7 p.m. and they visited the shop of P.W. 7, Nataraja Nadar at or about 8.30 p.m. The accused asked the deceased to stay there for a while and so. saying went to Thirumalai Naicken Palace side and returned by 11 p.m. Thereafter, both of them left for their Village Chinthamani, on the way they have come across P.W. 2 Muthukaruppan and P.W.4, Kathamuthu and another. They passed through them. At or about mid-night the accused saw P.W. 8 and two others sitting on a parapet wall and they passed through them within a short time, according to the accused, P.W.8 and two other persons beat the deceased as well as the accused with a stick. The accused raised an alarm. As a result, P.W. 1 and 5 came to the place. In the meantime, P.W.8 and. two others ran away. The deceased became unconscious. From the dynamo light of the cycle belonging to P.W. 1, they were able to see, bleeding from the mouth of the deceased and she was lingering for life. The accused found a gold chain, weighing about 10 sovereigns, was missing from the neck of the deceased. Thereafter, P.W.4 went to the residence of one Krishna Konar. From there, the younger brother of the deceased was sent for. Thereafter, P.W.4 informed the Police.