RAJENDRAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4-1 1-1989 in S. C. No. 25 of 1988 on the file of Additional Sessions Judge, South Arcot District at Cuddalore, convicting the appellant under Section 326, I.P.C. and sentencing him to undergo RI for three years and to pay a fine of Rs. 300/- in default to undergo R.I. for three months, also convicting him under S. 324, I.P.C., and sentencing to R.I. for six months. The substantive sentences were directed to run concurrently.

(2.) Originally, the appellant was tried for the offences under Sections 302 and 324 I.P.C., on the allegation that on 1-8-1987 at about 11.00 p.m. he gave a fatal blow with an iron rod on the head of the deceased Vijayarani, a one year old baby, and also caused simple injury with the same iron rod on the left chest of one Vijaya (P.W. 1) the mother of the child Vijayarani. On behalf of the prosecution 9 witnesses were examined, 10 exhibits were filed and M.O. 1, the iron rod was marked.

(3.) The facts leading to the conviction need narration :P. W. 1 Vijaya is the wife of P. W. 2 Kolanji. The deceased Vijayarani the one year baby was the daughter of P. Ws: 1 and 2. The appellant Rajendran is the younger brother of P.W. 2 Kolanji. Both the brothers, the appellant and P. W. 2 were residing in adjacent houses in the same street. On 1-8-1987 at about 8.00 p.m., there was a quarrel one Jagathambal and one Vijayakumarti, the mother and wife of the appellant, as it was alleged that the said Jagathambal took away the sugarcane crops belonging to the wife of the appellant without her knowledge. P.W. 2 Kolanji, his father Amirthalingam and two others came there, pacified and separated them.