MUTHUSAMY ALIAS KRISHNAN Vs. STATE

JUDGEMENT

(1.) IN Sessions Case No. 110 of 1984, on the file of the Court of Session, Madurai North at Dindigul Appellant Muthusamy alias Krishnan was charged under Section 302 I.P.C. alleging that at or about 6.30 p.m. on 14th June, 1984 at Semmanampatti, he caused the death of deceased Ayyavu, by cutting him once, on his right neck with an aruval, M.O.1 on conclusion of an elaborate trial, appellant was found guilty as charged and sentenced to undergo imprisonment for life.

(2.) PROSECUTION case, in brief, can be summarised as follows: Appellant Muthusamy alias Krishnan and deceased Ayyavu were cousins. Both of them were unmarried. However, deceased was maintaining intimacy with one Pommakkal, while the appellant was keeping, as his permanently kept concubine, one Muthammal, elder sister of P.W.5 Thimmayan. About a month prior to occurrence, appellant requested P.W.4, Raju Gounder, for a loan of Rs.200 P.W.4 stated that he had no money. Appellant replied that he will be able to repay the loan if given by selling some property of Muthammal, his concubine. Deceased, who was present then, questioned the appellant as to how he could sell away the property belonging to P.W.5. So Saying, deceased beat the appellant once. Deceased and the appellant were separated by P.W.4 and others. Appellant is alleged to have vowed vangenence that he would not take it lying down and that he would teach a lesson to the deceased and P.W.5. The evidence of P.W.5 discloses that the appellant and Muthammal were living together for about ten years. He has also deposed that his father had settled his garden land in favour of Muthammal and that the appellant and Muthammal were carrying on agricultural operations in the said land. Naturally, P.W.5, a friend of the deceased, must have been aggrieved about the manner in which his father had ignored him and settled the garden land in favour of Muthammal.

(3.) P.W.13, sent injured Ayyavu with police constable Pandi (P.W.12) to Government Hospital, Dindigul, P.W.7 Dr. Selvaraj, Examined injured Ayyavu at 10.25 p.m. on 14.6.1984 and found that he was already dead. He noticed an eliptical wound on the right side of neck, over sterno mastoid region of the deceased, measuring 6 x 3 x 1 c.m. Clotted blood was seen over the wound. Ex.P.3 is the copy of the accident register. He forwarded death intimation, Ex.P.4, to the concerned police station. On receipt of Ex.P.4, P.W.13, altered the crime into one under Section 302, I.P.C. and prepared express altered report, Ex.P.12, which was duly forwarded to the Magistrate, Copies of Ex.P.12 were forwarded to superior police officers. P.W.15 Arumaithurai, Inspector of Police, Oddanchatram, received the express report initially under Section 307, I.P.C. and later under Section 302, I.P.C. and took up the case for investigation. He was at the venue of crime at 1.00 a.m. On 15.6.1984. He prepared Ex.P.6, observation mahazar, and Ex.P.17 rough scene sketch. He recovered from the crime spot M.O.5, bloodstained earth, and M.O.6, sample earth, under mahazar, Ex.P.7, attested by P.W.9, Timmaya Gounder, and another. Thereafter, P.W.15 proceeded to Government Hospital, Dindigul, and held inquest to over the dead body of Ayyavu between 6.00 a.m. and 9.00 a.m. During inquest, he examined P.Ws.1 2,5 and others Ex.P.18, is the inquest report. After inquest, he sent the dead body for conduct of postmortem, through police constable Pandi (P.W.12).