BALAJI ALIAS BALAKRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence imposed in SC No. 231/1998 on the file of III Additional Sessions Judge, Krishnagiri.

(2.) The brief facts of the case are as follows: The appellant accused is the younger brother of the deceased Manickam and that there was a land dispute between them, due to which on 4.9.1994, at about 1 p.m. the appellant accused stabbed the deceased on his left side stomach portion, at the scene of occurrence, which caused his death, the appellant accused was charged for an offence, punishable under Section 302, IPC. In support of the prosecution case, PWs 1 to 11 were examined Exs. P 1 to P 16 were marked, apart from the material objects, MOs 1 to 5.

(3.) PW 1 has been one of the panchayatdars in the panchayat, conducted prior to the occurrence. According to PW 1, the panchayat was convened only at the instance of the appellant accused to settle the land dispute between the appellant accused and the deceased. Though the decision of the panchayat was accepted by the deceased, the appellant did not accept the same. When the panchayat was about to be wound up, unexpectedly, the appellant accused took out a knife and stabbed the said Manickam, due to which intestine came out and Manickam fell down with bleeding injuries. Then PW1 and other took him to the hospital, where the doctor found him dead. The wife of the deceased has been examined as PW2, who has spoken to about the property dispute between the appellant accused and the deceased, prior to the occurrence PW 3 has also deposed evidence on the same line of the evidence given by PW1 about the occurrence that had taken place, prior to the occurrence, subsequent wordy quarrel and the stabbing of accused by the appellant accused. Medical evidence given by PW 4 who conducted post-mortem on the dead body of the deceased has corroborated the evidence of the eyewitness.