DURAISWAMY Vs. STATE

JUDGEMENT

(1.) THE convicted first accused, barring the three other accused who are acquitted by the learned Sessions Judge, Anna District, dindigul, in S. C. No. 37 of 1987 dated 9. 11. 1987, for the offence under Secs. 302 and 324, I. P. C. and consequently sentenced to undergo life imprisonment for the offence under Sec. 302, I. P. C. and to suffer rigorous imprisonment for a period of six months for the offence under Sec. 324, I. P. C. but however to run concurrently, has preferred this appeal, canvassing the correctness and legality of the same.

(2.) P. W. 1 Kalimuthu is a resident of Poothampatti village and living therein along with his wife Kaliammal, who is the sister of witness chellammal. He owns lands in Muniampatti. The deceased Thangavelu has married the daughter of witness Chellammal and she is living in a thatched house put up in a poramboke land on the south of the Muniampatti Village . The assignment was made in respect of the said two cents of poramboke land in favour of P. W. 3 Nallamuthu and accordingly P. W. 3 Nallamuthu and Chellammal were living in that thatched house. Arumugham Pillai, the father of accused 3 and 4 was constructing a house on the north of Chellammal's house in the said poramboke land. P. W. 1 Kalimuthu has stated that about 4 days prior to the occurrence, when he was going to Muniampatti, Chellammal, and P. W. 3 told him that the hay-rick stocked in front of their house was removed by Arumugham pillai's men and they have dumped granite stones in that place. At that time, the 1st accused was attending to the construction work for Arumugham Pillai. P. W. 1 told the 1st accused that they should not put stones in front of Chellammal's house. The 1st accused told P. W. 1 that Arumugham Pillai was not available in the Village and he would inform him about it and tell him on Monday. When P. W. 1 contacted the first accused on Monday, he told him that he was not concerned about it. Then, P. W. 1 reported the matter to the Oor Gounder Kandasamy about the dumping of stones by Arumugham Pillai's men in front of chellammal's house. However, he informed P. W. 1 that he would enquire Arumugham Pillai about it and inform him on Tuesday. On Tuesday when P. W. 1 contacted the Oor Gounder Kandasamy, he was told that he enquired arumugham Pillai and the first accused about it and that they gave no reply and kandasamy told him that they can do whatever they liked.

(3.) P. W. 10 Karuppiah, the Sub Inspector of Police. Eriodu, would claim that at about 6. 30 p. m. on 6. 8. 1986 when he was in the Station, p. W. 1 appeared in the Station and gave a written complaint Ex. P-1, which was registered in his Police Station Crime No. 130 of 1986 for the offences under sec. 324 and 302, I. P. C. and prepared the first information report Ex. P-7. He sent the first information report to the Judicial second Class Magistrate's court through P. W. 8 and also the express report to the higher officials.