VAIRAMUTHU Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is filed by the Appellant against the judgment of the Principal Sessions Judge, Ramanathapuram in Sessions Case No. 45 of 1988, dated 23.8.1988, convicting him under Section 302 of the Indian Penal Code and sentencing to undergo life imprisonment.

(2.) THE charge against the Appellant is that on 11 -9 -1987 at or about 4:30 p.m., in front of Nava India Saw Mill, situate at Srivilliputhur Madurai Road, the Appellant Vairamuthu with intention of causing death, stabbed one Vijayakumar with soori knife (M.O. 2) on his back and chin, with the result the said Vijayakumar died at 7:30 p.m., while he was taken from Srivilliputhur Government Hospital to Rajaji Government Hospital at Madurai; thereby he committed an offence under Section 302, I.P.C. When the charge was read over to him, he pleaded not guilty and claimed to be tried.

(3.) ON the fateful day, i.e., on 11 -9 -1987 -Friday, as usual, the deceased -Vijayakumar went for work, but he did not turn up for lunch. So P.W. 1 -Chandra took the food and went to his working place. On the way, she saw both her husband -Vijayakumar and the Appellant Vairamuthu quarrelling with each other. P.W. 1. Chandra questioned the Appellant. Vairamuthu as to why he picked up quarrel with her husband -Vijayakumar. The Appellant replied that her husband -Vijayakumar daily used to tease him and that therefore, he would not leave him simply. At that time, the Appellant -Vairamuthu had M.O. 3 -yellow bag with him. Then, the Appellant pushed the deceased -Vijayakumar aside. P.W. 1. Chandra cried and took the deceased -Vijayakumar and walked near Nava India Saw Mill, on her way back to home. At that juncture, the Appellant came by their right side and suddenly shouted