MADAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed, challenging the correctness and sentence of Life Imprisonment for the offence under Section 302 of Indian Penal Code awarded against the accused by the learned Sessions Judge, Dharmapuri District at Krishnagiri in Sessions Case No. 80/86 dated 28-10-1997.

(2.) P.W. 6 by name Nallammal alongwith her husband Kannu Naidu, the deceased herein and P.W. 1 by name Chinnasamy, the son in law of the above two persons were the residents of Moongampatti village, within the jurisdiction of Mathur police station in Dharmapuri District. The accused Mathan is the younger brother of the deceased Kannu Naidu. It was stated that the daughter of one Kannammal, who is the sister of the deceased Kannu Naidu, was given in marriage to the accused P.W. 2 by name Mathaian belongs to Athikanoor Village. P.W. 4 by name Subramani is the resident of Aalarapatti village and is working as a farm-servant under one Madhava Chettiar. P.W. 8 by name Nandi Gounder belongs to Mathur Village. P.W. 10 by name Munusamy who is resident of Chakkilipatti has taken the lease of mango grove which belongs to Kannammal, the sister of the deceased Kannu Naidu. P.W. 1l is running a cycle-shop at Kannadhahalli.

(3.) There were a log of civil and criminal cases pending between the deceased Kannu Naidu and his younger brother, the accused herein. It was claimed by the prosecution that Kannammal the sister of Kannu Naidu, deserted her husband and was living in the house, next to the house of the deceased Mathur village for 20years. A criminal case was filed against the deceased Kannu Naidu and his son that they had cut the hand of Kannammal in 1984. It was also claimed that the said Kannammal was having illicit connection with the Nagan and when the deceased Kannu Naidu enquired about this, a land was settled in the name of Kannammal by the said Nagan. However, after the death of Nagan, Kannu Naidu insisted that Kannammal should live with her husband. But she refused and resided by the next house of Kannu Naidu at Moongampatti village.