S S KUMAR Vs. STATE REP

JUDGEMENT

(1.) The appellant herein is the convicted accused by the learned Session Judge, Kanyakumari District at Nagercoil in Sessions Case No. 69/87 dated 11-12-87, finding the accused guilty under S. 302 of Indian Penal Code and convicting him thereon to undergo rigorous imprisonment for his life. The appellant has filed this appeal to canvass the correctness and legality of the impugned judgment above referred.

(2.) P.W. 1 by name Rajasekaran and P.W.2 by name Shrikumar are the residing of Ponmani village in Kanyakumari district, within the jurisdiction of Thakkalai police circle and the former one was having a shop dealing with rubber sheets at Pillathur and the latter was doing work in the rubber plants. He was also a member of the 2nd ward of the Panchayat concerned. The deceased Sundaresan was also a resident of the same place. It was the claim of P.Ws. 1 and 2 that at about 11.00 a.m. on 20-2-87, they had been to the condolence of one Padmanaba Pillai of that village, along with the accused. The funeral ceremony of the said Padmanaba Pillai, was over by 10.00 p.m. on that day. Afterwards, it is claimed that the accused returned from the place by his bicycle followed by P.Ws. 1 and 2 and the deceased Sundaresan. When they reached at a point situate north west of the house of one Kuttan Pillai in the Ponmani road, proceeding from the grave-yard, they saw the accused Kumar coming in the opposite direction from north to south. It was at about 10.30 p.m. The deceased Sundaresan demanded the accused to return the amount of Rs. 50/- which he borrowed from him, by way of loan, for which the prosecution witnesses 1 and 2 claim that the accused said towards the deceased (vernacular matter is omitted) (one fellow has been ascribed of his final funeral and the next is due to you). By so saying, the accused took the knife M.O. 1 from his waist and unfolded it and by saying "don't ask money hereafter", gave a stab on the right side of his chest with force. On receipt of the said blow; Sundaresan raised hue and cry. When P.Ws. 1 and 2 tried to catch the accused, he ran away towards south with the weapon of offence. When P.Ws. 1 and 2 came and saw the injured Sundaresan, he was covering his wound with his towel. When P.Ws. 1 and 2 removed the towel they saw the intestine protruding out through the wound. P.Ws. 1 and 2 tied the towel over the injury, by which the towel became soaked with blood. They stopped the car which came from south and took the injured to Kulasekarapattinam Police Station and reached there by 11.00 p.m. and there, injured Sundaresan gave an oral statement to the writer of the station P.W. 10 to his narration, which was reduced to writing and read over to him and admitted by him and his signature was affixed. Ex.P. 2 is the signature in the complaint Ex.P. 1. Then the injured was sent to Kulasekaram Government Hospital by the police and with the said information, P.Ws. 1 and 2 came to know that the injured was sent through a trucker. When P.Ws. 1 and 2 went to the doctor at Kulasekaram, they were informed that the injured was taken to Nagercoil Head Quarters Hospital by a trucker, they went to the Government Hospital, Nagercoil by taking a taxi. At about 1.00 a.m., they came to know that the injured wasdead and his body was put in the mortuary. P.Ws. 1 and 2 further claim that the street lights were burning during the occurrence at about 100 ft. and 250 ft. away on the north east and south, they identified in court the weapon M.O. 1 and blood stained dhoti M.O. 2 blood stained towel of the deceased M.O. 3 blood stained towel of P.W. 2 M.O. 4- chappals M.O. 5 were by the deceased during the time of occurrence.

(3.) P.W. 3 on hearing the death of the deceased, after attending the funeral ceremony of Padmanaba Pillai, reached his house and found P.Ws. 1 and 2 and others. P.W. 4 Gopakumar claimed that on 21-2-87 at about 11.00 a.m., when he along with one Narayana Nair went near the house of one Kuttan Pillai, the Inspector of Police. Thakkalai came with his party and prepared observation Mahazar Ex.P. 2 in the presence of witnesses and he prepared rough sketch Ex.P. 3 showing the topography of the scene of crime and recovered M.O. 5 series under the cover of Mahazar Ex.P. 4 and got it attested by him.