BAKKIARAJ Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment in S.C. No. 113 of 1989 on the file of thePrincipal Sessions Judge, Ramanad at Madurai convicting the appellants for the offence under Section 304, Part II read with Section 34, I.P.C. and sentencing them to Rigorous Imprisonment for eight years. The appellants were originally tried for the offence under Section 302 read with Section 34, I.P.C. on the file of the Principal Sessions Judge, Ramanad at Madurai, on the allegation that on 11-3-1988 at about 4.45 p.m. both the appellants pushed the deceased Lakshmana Nadar from the steps of the staircase in the house, due to which the deceased Lakshmana Nadar fell on the stepping stone ('Padikkal'), thereby he sustained injuries and then the second accused kicked on the deceased with the result the deceased Lakshmana Nadar died on 12-3-1988 at about 8.50 a.m. at Madurai Rajaji Government Hospital. Therefore, they were liable to be tried under Section 302 read with Section 34, I.P.C.

(2.) On behalf of prosecution, P.Ws. 1 to 9 were examined, exhibits P. 1 to 15 were marked and listed M.O.I. The facts leading to the conviction are as follows :-P. W. 1 Gurusamy is the son the deceased Lakshmana Nadar, The deceased alongwith his family was residing at Door No. 3/53, Maliamman Kovil Street, Thalavaipuram Village. The first appellant is the son of the second appellant. The house of the appellants is situate next to the house of the deceased. There are vacant spaces at the backyard of both the houses. For about 50 years, the backyard of these two houses fell vacant without constructing any wall. Recently, the appellants attempted to construct a wall at the backyard of their house. This was objected to by the deceased Lakshmana Nadar and his son P. W. 1 since it would affect the flow of water from the house of the deceased. Due to this, misunderstanding arose between the two families. On 10-3-1988 the second appellant began to construct a wall. At that time the deceased alone was available in the house. P. W. 1 and his wife had been away. The deceased objected again to the construction of a wall at the backyard. So there was a wordy quarrel. On the same night P.W. 1 and his wife came back. The deceased informed about the quarrel that took place between the deceased and the second appellant.

(3.) On 11-3-1988 at about 1,00 p.m. both the appellants alongwith the second appellant's wife Pachiammal came in front of the house of the deceased and scolded both deceased and P.W. 1 as to how they could demolish the wall constructed by them in the backyard. Then the deceased Lakshmana Nadar came rushing to the accused. Then both the accused and Pachiammal beat the deceased. At that point of time P.W. 1 his wife and neighbours namely, Kethayya, Ganesan, came, intervened and separated them. On the same day, 11-3-1988, at 4.45 p.m. again both the appellants came in front of the house of P.W. 1 and scolded the deceased in a filthy language. The second accused asked deceased (Vernacular matter omitted) Then the deceased told (Vernacular matter omitted) and so saying the deceased came to the stepping stone at the house of the appellants and entered into their house. On seeing this, the first appellant said as follows : (Vernacular matter omitted) and then both the appellant forcibly pushed him by saying (Vernacular matter omitted) There is a stepping stone ('Padikkal') nearby the house. Due to pushing, the victim deceased fell on the stepping stone, facing downwards on the floor. Due to this, the deceased sustained injuries on the forehead and the chin. Blood was oozing out from the nose. Then the second accused kicked on the left hip and made him to roll down on the street. In this process, the deceased sustained abrasions on the hands and the knees and the accused ran away from the place of occurrence. This was witnessed by P.W. 2, P.W. 1's wife, Ganesan and Kethayya. As soon as the victim fell down, he became unconscious. Therefore, P.W. 1 and other took the victim at 5.50 p.m. to the Rajapalayam Government Hospital.