GOVINDAN ALIAS GOVINDASWAMY Vs. STATE

JUDGEMENT

(1.) The accused is the appellant herein, who challenges the correctness and validity of the judgment of conviction and sentence rendered against him by the learned Sessions Judge, Periyar District at Erode in Sessions Case No. 34 of 1987 dated 4th August, 1987, finding him guilty for the offence under Section 302, I.P.C. and thereby convicting and sentencing him to undergo rigorous imprisonment for life.

(2.) One Karuppanna Nadar of Kathakofikadu near Arachalur was running a Toddy shop. Under the same place an illicit arrack shop was also going on and the customers after having consumed toddy and arrack were used to be engaged in gambling in the same place every evening. Following the time, on 10th August, 1986, the accused herein by name Govindan alias Govindaswamy and others had consumed toddy in the shop of Karuppanna Nadar between 4.00-6.30 p.m. and that after finishing the business in both the toddy shop and arrack shop, they began to gamble by playing cards with money. A few persons who participated in the said gambling, lost their entire money and that therefore they had left the game. But however the said Karuppanna Nadar, the owner of the Toddy shop and the accused continued to gamble, with the result, the accused had gained all the money completely and Karuppanna Nadar lost every one of his pai. It was at this juncture, by about 6.30 p.m. on that day, when the accused tried to get away from the gambling, Karuppanna Nadar prevented him and insisted that the game should be continued for the reason that he had lost his entire belongings, for which, the accused had retarted that the time had gone already and hence he started to go away. As Karuppanna Nadar insisted on the basis of his total loss in the gambling, the accused gave Rs. 50/- to him and not being contented with that it was claimed that he has paid some more money to him. Even so, the loser of the game was not satisfied and that therefore he pulled the Banian of the accused. While doing so, the money and the currencies from the person of the accused fell down in toto. By taking the same, Karuppanna Nadar put his toddy container in his cycle and was about to start. Infuriated at the activities of the Karuppanna Nadar by taking all the money of the accused and starting to leave the place, the accused took a knife and stabbed him at about 7.00 p.m. in the same place upon his back and that consequently when he fell down on his back, he stood upon his stomach and stabbed him upon the head, chest, umbilicus and hands indiscriminately. P.W. 1 Chinnasamy a resident of the same place where the deceased was living, claims that he used to purchase arrack from the main shop of Arachalur and sell it in the scene of Crime under the same place, that the deceased Karuppanna Nadar was running a toddy shop and that about one year prior to the trial, on a Sunday, when he was selling arrack, the deceased Karuppanna Nadar was found selling his toddy and that it was at that time one Arumugam, Srirangan, Muthusamy Gounder and the Accused had also came there and consumed the toddy and that P.W. 1 and Karuppanna Nadar and the persons referred to above had played the gambling of cards for a period of about half an hour and that thereafter P. Ws. 1 and 2, Srirangan and Arumugham had left the game and that the accused and the deceased were alone playing the game till about 6.30 p.m. On that day and in that place there was a kerosene lamp burning and that thereafter, the accused started to go to his house. But however the deceased prevented him by saying as to why he was leaving at that stage when he had lost every money and that therefore, the accused gave Rs. 50/- to the deceased and however as he demanded further, some more money was given and that after having received the same, he pulled the banian of the accused. Consequently ten rupees and five rupees denomination of the currencies and the coins fell down from the custody of the accused and by taking the entire money of the accused when the deceased was about to leave that place, the accused demanded the return of the same, for which it was refused and for the persistent demand made by the accused the deceased had said that he will not return the same and that it was for the accused to do whatever he wants. He also claims that upon hearing the said words from the deceased, the accused took the knife M.O. 1 from his underwear and stabbed the deceased upon his back when he was about to tie the toddy can on the carrier of the cycle. When Karuppanna Nadar fell down on his back, P.W. 2 cried as to why the accused had down so, and the accused had replied that whoever approaches him he would stab them. Therefore P.Ws. 1 and 2 did nothing except to watch. He further claimed that when Karuppanna Nadar fell down on his back, the accused sat upon the stomach of the deceased and stabbed him on the chest, stomach, face and his side phalanx and on other places indiscriminately and that thereafter he took the entire money from the person of Karuppanna Nadar and ran away towards the road side with the knife in his hand. When P.Ws. 1 and 2 went near they found that Karuppanna Nadar had passed away. Thereafter, every one had disbursed. Then P.W. 1 had been to Thalavumalai and then the eldest son of the deceased was informed at Ammapalayam and along with him all the three came to the scene of crime at about 11.00 p.m. on that day and after some time P.W. 1 went to Arachalur Police Station by 12.00 Mid-night on that day and gave a complaint to the Sub-Inspector of Police orally which was reduced into writing by the Sub-Inspector of Police and read over to him and admitted by him and accordingly his thumb impression was obtained which was marked as Ex. P. 1.

(3.) P. W. 2 also corroborated the above claim of P.W. 1 in toto. He also identified M.O. 2 series the Playing cards with which they were gambling on that day.