CHENRAYAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S.C.No.201 of 1998 on the file of the III Additional Sessions Judge, Krishnagiri at Dharmapuri.

(2.) ON the complaint preferred by P.W.1, the accused has been charged under Section 302 & 404 IPC. The learned Judicial Magistrate, Palacode, the committal Court, had issued summons to the accused and on his appearance furnished copies under Section 207 of Cr.P.C., and since the case is triable by the Court of Sessions, the Judicial Magistrate has committed the case to the Court of Sessions under Section 209 of Cr.P.C.

(3.) P.W.2 is a neighbour of the deceased Papa. According to him, since there was a repair work carried out in his house, he used to sleep in the pial of the house of the deceased Papa and the grand children of Papa also used to sleep there. According to him, on Tuesday the accused came to the house of the deceased Papa and stayed there. But in the early morning, he (P.W.2), the grandson of the deceased Papa viz. Mathesh and the granddaughter of the deceased Papa viz.Mani @ Thavamani left the house, and the accused and the deceased Papa alone were in the house on Wednesday and that he returned to the house on Wednesday night at about 8.00 pm at that time Papa was not found in the house. Thinking that she would have gone elsewhere, he (P.W.2) slept outside the house on the pial and in the midnight he became thirsty, so he got up and went inside the kitchen of the house of the Papa in order to drink water and it was pitch dark inside the house, he contacted with some object, immediately he struck a match stick and in the match stick light he saw the dead body of Papa in the kitchen. Immediately he came out of the house and brought the younger son of Papa viz. Muniyan Chetty, the suspected accused in the FIR. He also found cut injury on the neck of the corpse of Papa and also cut injury on her right hand and shoulder and both ear lobes were found severed.