PONNAIAH KONAR Vs. STATE

JUDGEMENT

(1.) THE appellants in C. A. Nos. 977 of 1999 and 890 of 1999 are the accused Nos. 1 to 4 in S. C. No. 348 of 1996 on the file of the learned Second Additional Sessions Judge, Tirunelveli and all the four accused have convicted under Sections 201 r/w 34 and 302 r/w 34 IPC and sentenced to under go life imprisonment for an offence punishable under Section 302 r/w 34 IPC and to undergo rigorous imprisonment for a period of seven years for an offence punishable under Section 201 r/w 34 IPC. Both the sentences were directed to run concurrently. It is now submitted by Mr. V. Kathirvelu, learned counsel appearing for the appellants that the second accused had died.

(2.) THE case of the prosecution is that the fourth accused is the wife of the deceased and she was having illicit intimacy with the first accused. Suspecting her fidelity, the deceased used to beat her several times. On 09. 01. 1995 while she was in the garden, the deceased came there and quarrelled with her and beat her with stick and on seeing this, the second accused, who is father of the fourth accused, went to the village and came with the first accused. Third accused also came there. The first accused questioned the act of deceased and picked up quarrel with the deceased, assaulted him and caused his death. Then, they had buried the dead body of the deceased in the garden of the second accused.

(3.) ACCORDING to the prosecution, on 16. 01. 1995 while P. W. 1 was in his office at 12. 30 noon, the fourth accused came to his office and informed him about the occurrence, and thereafter, he went to the place, where the body was buried and, thereafter, he came back and recorded the statement given by the fourth accused i. e. Ex. P. 1. He went to Panavadalichathiram Police Station and gave a complaint through Ex. P. 1.