LOGANATHAN Vs. STATE

JUDGEMENT

(1.) THE appellants are A-1 to A-3 in S.C.No.49 of 1987 on the file of the Court of Sessions, Coimbatore Division at Coimbatore. THEy along with one Karuppanna THEvar were tried for the following offences: A-1 to A-3 were tried for an offence under Sec.302, I.P.C. read with Sec. 34, I.P.C. A-4 was tried for an offence under Sec. 302, I.P.C. read with Sec.109, I.P.C. Learned trial Judge after analysing the entire evidence placed before him, found the fourth accused not guilty of the offence alleged against him. However on the same set of evidence, learned trial Judge found A-1 to A-3 guilty of the offence under Sec.302, I.P.C. read with Sec.34, I.P.C. and sentenced them to undergo rigorous imprisonment for life. Accused 1 to 3 in the said case challenging the above referred to conviction and sentence in the present appeal.

(2.) THE occurrence is stated to have taken place on the night of 3.8.1986 and the early morning of 4.8.1986 i.e., at about 2.30 a.m. THE deceased is the wife of P.W.1. P.W.1 in his evidence states that his first wife Valliammal is dead. After her death, he married his elder sister's daughter Pappammal alias Krishnaveni as his second wife. Pappammal alias Krishnaveni is the deceased in this case. Pappammal was deaf and dump. Kuppathal is the only daughter bone to P.W.1 and Pappammal. A-2 is her husband and the marriage between the said Kuppathal and A-2 took place about five years prior to the occurrence. A-2 is also called as Angamuthu. P. W.2 is the brother-in-law of P.W.1. In other words, the deceased is the sister of P.W.2. P.W.1 and the deceased were residing in a house on the west of Masaniamman temple at Irugur and the said house was owned by Pachiammal. P.W.1 was working at Kothari Mills and he is also a freedom fighter. P.W.1 in his capacity as a freedom fighter was drawing a pension of Rs,500 granted by the Central Government and a pension of Rs.100 granted by the State Government and he is entitled to the pension till his lifetime. THE order passed in favour or P. W. 1 granting pension is marked as Ex.P-25. P.W.1 also claims that as a freedom fighter, he is entitled to travel through out India in First Class with another person and that the pass issued by the Government is Ex.P-26. P.W.1 was also given other awards in reognition of his movement in freedom fighting.

(3.) A-2 is without any permanent employment, He was working in a work shop. A-2 used to take liquor and roam about. When Pappammal was given in marriage to A-2, P.W.1 assured him that out of his pension amount, he would provide a sum of Rs.150 per month for household expenses. P.W.1 accordingly was giving the said monthly payment. P.W.1 was afflicted with skin disease, and his wife Pappammal was afflicted with leprosy. Therefore P.W.1 was not in a position to provide the money as promised every month to A-2. P.W.3 is residing on the west of the house of P.W.1 and the deceased Pappammal. P.W.3 is a tailor by profession. P.W.3 knows P.W.1 and the deceased Pappammal. About one week prior to the occurrence A-1 to A-4 came to the house of P.W.1 and questioned him as to why he was not providing monthly household expenses to A-2 as promised, and even threatened hint Hearing this noise, in the house of P.W. 1 on that day, P.W.3 claims to have gone to the house of P.W.1. He found a number of people assembled there. P.W. 3 claims to have told the people to disburse and they accordingly disbursed. On 28.7.1986 at 8.30 a.m. P.W.1 gave a complaint to the Head Constable P.W.10 of the Singanallur Police Station and the said complaint was marked as Ex.P-1 in this case. P.W.10, on this complaint, examined P.W.1 and accused 1 to 4 in the presence of P.W.5 and Kupathal and told the accused that what they did was not correct. The accused also gave a statement reduced into writing before the police that they will not thereafter commit such mistakes and this statement is marked as Ex.P-3. In Ex.P-3, P.W.1 and the accused 1 to 4 have signed besides P.W.5 and Kuppathal. P.W.1 and A-1 to A-4 thereafter disbursed in peace and P.W. 1 accordingly reported this to the police by giving Ex.P-2. In Ex.P-2 P.W.1, P.W.5, Kuppathal and accused 1 to 4 have signed. P.W.10 after completing the enquiry and finding that the parties to the proceedings had disbursed in peace, kept the records Exs.P-1 to P-3 on his office filed. However, accused 1 to 4 though promised not to create any problem and gave it in writing, yet they did not keep up their promise.