KALAISAMY NADAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal is directed against the Judgment in S.C. No. 39 of 1986 on the file of the Principal Sessions Judge, Ramanathapuram at Madurai, convicting the appellant for the offence under Section 302, I.P.C. for having caused the death of one Mahalingam and sentenced to undergo imprisonment for life and also convicting for the offence under Section 326, I.P.C. for having attacked P.W. 1 Kalaisamy Nadar and caused grievous injuries and sentenced to undergo rigorous imprisonment for one year. The sentences were directed to run concurrently.

(2.) The crux of the charge is that on 26-3-1985 at about 9 a.m. at Vandipathai near Mamsapuram, the appellant with Palai aruval attacked the deceased Mahalingam, while he was talking with P.W. 1 Kalaiswamy Nadar on the left leg and nape of the neck indiscriminately and while P.W. 1 intervened, he attacked him also and caused grievous injuries on the left index finger. With the result the deceased Mahalingam died at Madurai Rajaji Hospital at 2.30 p.m. on the same day.

(3.) The facts leading to conviction are as follows :The appellant Kalaisamy Nadar and the deceased Mahalingam hail from Mamsapuram Village situate in the Mamsapuram Police jurisdiction in Srivilliputhur Taluk. The appellant at the relevant time was working as a Helper in Rajalakshmi Mill at Rajapalayam. The deceased Mahalingam, who was the Chief Secretary of Mamsapuram D.M.K. Party, was owning a licensed arrack shop in the same village. P.W. 2 Seeniappan was the Accountant working under him in the arrack shop. P.W. 1 Kalaisamy Nadar, aged about 71 years, is having some Palmirah Trees at Karucku thope near Mamsapuram Village. He used to go to his thope daily and collect toddy from his Palmirah trees and arrange to distribute the same to the various licensed toddy shops.