KARUPPIAH Vs. STATE

JUDGEMENT

(1.) Both the accused being the husband and wife have filed this appeal, challenging the judgment and findings of the learned Additional Sessions Judge of Ramanathapuram at Madurai in S.C. 109 of 1987 dated 14-12-1987, wherein the first accused was found guilty for the offences under Ss. 304(II) and 323, Indian Penal Code, convicted and sentenced to rigorous imprisonment for seven years under S. 304(II), I.P.C. and to pay a fine of Rs. 100/- in default to suffer rigorous imprisonment for one month under S. 323, I.P.C. and the second accused was found guilty for the offence under S. 323, Indian Penal Code, convicted and sentenced to pay a fine of Rs. 100/- in default to suffer rigorous imprisonment for one month under S. 323, I.P.C., for want of its correctness, propriety and legality.

(2.) Both the appellants herein who are the husband and wife along with PWs 1 to 4 are the residents of Kamuthi village, in the same locality. PW 1 is the father-in-law of the deceased lady by name Muthumari who is the wife of PW 2 by name Ganapathy, son of PW 1. PW 3 by name Meenal is the wife of another son of PW 1. PW 4 by name Ambigapathy is the divorced wife of the first accused. It was the case of the prosecution that PW 4 was given in marriage to the first accused, but due to misunderstanding erupted among themselves, she was divorced as per the custom of their community, which was followed by her marriage with one Subramaniam. The first accused Karuppiah is none other than the sister's son of PW 1. It was also claimed by the prosecution that the second accused Muthulakshmi, though she was married to the first accused, does not belong to the same sect of Devar community to which the other accused and the prosecution witnesses belong to. It appears that the second accused had borrowed a sum of Rs. 100/- as hand loan from the deceased Muthumari, wife of PW 2 and daughter-in-law of PW 1, prior to the occurrence. It was also stated that PW 4 Ambigapathy was suspicious of the conduct of her husband Subramaniam, as if he was having secret intimacy with the second accused Muthulakshmi. For the said reasoning, PW 4 showed much interest in collecting the money from the second accused, due to her sister-in-law. Thus, PW 4 was aiding the deceased Muthumari to get back her money from the second accused, but, however, the second accused was evading. It was claimed that there existed misunderstanding among themselves indirectly.

(3.) In this backdrop, at about 9.00 p.m. on 4-2-1986, while PWs 1 to 4 were all sitting in the front vassal of the house of PW 2 and engaged in their usual conversation, the second accused came there, from north towards sought with M.O. 1 fire-wood in her hand. On seeing her, Muthumari, the deceased demanded money due to her. The second accused replied that she would return the money at her own convenience and as such she could not compel her to make the repayment. PW 1 immediately intervened and was said to have told the second accused that she should repay the amount due to his daughter-in-law and evading the same was not proper. This has resulted in a wordy quarrel. At that time, the first accused Karuppiah came from the house which was situate nearby and picked up a stone near the house of PW 1 and hit PW 1 on his head. The second accused beat PW 1 with the stick on his right shoulder. On seeing PW 1 being assaulted by the accused 1 and 2, his daughter-in-law viz., the deceased Muthumari intervened and wanted to separate the accused and PW 1. The first accused picked up a fire-wood which was lying in front of the house of PW 1 and gave a forcible hit on the head of Muthumari and she fell down with bleeding injury on her head. PW 2 who was taking food in his house came out and saw the occurrence, PW 3 was also an eye-witness. PW 4, another resident of the locality came on hearing the wordy quarrel and saw the whole occurrence. Muthumari due to bleeding injury upon her head, fell down and became unconscious. She was unable to talk. A cycle rickshaw was then brought up from the bus-stand situated nearby and both the deceased and PW 1 were taken to Kamuthi Police Station.