MANOHARAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the accused in S.C.No.103 of 1987 on the file of the Sessions Judge, South Arcot at Cuddalore. He was convicted for the offence under Section 302 and Section 324(two counts) I.P.C., and sentenced to undergo imprisonment for life and to undergo rigorous imprisonment for three years and the sentences to run concurrently.

(2.) THE crux of the accusation against the appellant is : that on 25.3.1987 at about 6:30 P.M. the appellant, near his house, attacked P.W.2 Ganapathi and P.W.3 Veerappan and caused simple injuries and during the course of the same transaction he attacked Ganesan by cutting him on the right side of his chest, right upper arm, right fore -arm and left side of the back with an aruval and caused death on the spot.

(3.) AFTER the evidence was over, the appellant was questioned under Section 313 Cr. P.C, with reference to the incriminating materials appearing against him. The appellant chose to deny the offences. He further contended as follows: "On 25 -3 -1987 at about 5 P.M. when he was climbing up on the palmyrah tree to collect sweet toddy ( uarffri ) P.Ws.5 and 6 in a drunken mood came to his village and picked up quarrel with his father and asked him to supply more toddy; one Vembu, the local resident objected to their behaviour and said that they would not supply toddy to them. Therefore, P.Ws5 and 6 beat the said Vembu. So, the old man ran towards his village, but, however, P.W.6 Arumugham chased him and on the way he happened to see and Rebekka, the wife of Devasahayam, the brother of the appellant. Thinking that the said Vembu concealed himself in her house, P.W.6 used abusive language against the said Rebekka and asked her to send the old man out from her house. He also removed his dothi and showed his private part to the said Rebekka. The father of the appellant questioned his act and asked him to go away. However, P.W.6 did not leave the place. Therefore, Rebekka went to Kanjanoor police station in order to complain against P.W.6. In the mean time P.W.5 challenged that he would bring his man from his village and see that all the village people are finished off once for all. Meanwhile on the complaint of the said Rebekka, two police constables came and took P.W.6 from the village to the police station. Thereafter from Thenpare Colony 40 to 50 persons came in a group to his village and attacked the father of the appellant and the appellant. Then the appellant with the injury on his head went to the police station and gave a complaint to the Station Writer. Thereafter P. W. 1 came and talked to the police. Only then the police arrested him and put him under lock up.