APPADURAI Vs. STATE

JUDGEMENT

(1.) The appellant - Appadurai is the accused in SC No. 1 of 1987 on the file of the Sessions Court, Anna District at Dindigul. He was tried and convicted for the offence under S. 02, IPC, and sentenced to undergo imprisonment for life.

(2.) The gravamen of the charges is that on 23-7-1986 at about 5-30 p.m., when the deceased Palanisami was standing on the west of Mottaya Boyan's manure pit the appellant came there and questioned Palanisami as to how could he have intimacy with Rajamani, P.W. 4 who has been kept by him and so saying stabbed Palanisami with a knife below his left lung and as a result of which Palanisami fell down and died on the spot.

(3.) The facts that could be discerned from the materials placed before the Court could be summarised as follows :(a) P.W. 1 Murugesa Gounder is the father of the deceased Palanisami. He is living in Kanakkanpatti. His son Palanisami, the deceased, married one Palaniammal and the said Palaniammal died three months after the marriage. Thereafter the deceased Palanisami was living alone in the house situate in Rajapuram Puthur Street for the past 1 1/2 months prior to the occurrence. The appellant was also living in the same area. One Rajamani, P.W. 4 being a servant-maid, used to fetch water for the accused. The accused got married about three years back. Due to misunderstanding his wife left him and joined her mother. In course of time the accused had developed illicit intimacy with the said Rajamani. Sometime prior to the occurrence P.W. 4, who used to fetch water from the house of the deceased also had developed intimacy with him. Therefore, there was an ill-feeling between the appellant and the deceased Palanisami.(b) P.W. 2 Murugesan is the relative of P.W. 1, who is also residing in the same area. On 23-7-1986 at about 1-30 p.m. the deceased Palanisami came to his house. When P.W. 2 was talking with the deceased inside the house, the appellant the neighbour of P.W. 2 peeped through the window and shouted at the deceased saving (Vernacular matter omitted.... Ed.). The deceased retaliated saying that (Vernacular matter omitted.... Ed.). Then a wordy quarrel ensued. The accused then went into his house. P.W. 2 pacified the deceased and then sent him to his house. After sometime P.W. 2 thought that this could be informed to P.W. 1, the father of the deceased and bring him here to stay along with the deceased so that any untoward incident could be averted. At 4 p.m. P.W. 2 Murugesan went to the garden of P.W. 1 at Kanakkanpatti and informed him stating that the accused had threatened the deceased that he would finish him off. Therefore, both P.W. 1 and P.W. 2 left from the garden and were proceeding towards Rajapuram Puthur Street where the house in which the deceased was staying is situate. When they were going on the west of Kaliamman temple near Palanisami's tea shop in Kanakkanpatti at 5-30 p.m. they saw the deceased Palanisami standing near a manure pit facing north. The appellant suddenly appeared at the scene and came near the deceased and questioned the same saying (Vernacular matter omitted... Ed.). So saying the appellant stabbed Palanisami with a knife on the left scapula portion. On receipt of this injury the deceased Palanisami fell down on his back. P.W. 1, P.W. 2 and P.W. 3, Oomathurai, who was also standing near the tea shop and other persons raised a hue and cry as (Vernacular matter omitted.... Ed.). The appellant took to his heels with his knife by running towards the north. Then P.Ws. 1 and 2 and others came near the deceased and lifted him and found the blood oozing from the stab wound and he was already dead. Immediately thereafter P.Ws. 1 to 3 went to the police station at Chatrapatti which is situated 7 km. from the scene.(c) P.W. 1 gave a complaint, Ex. P1 to P.W. 7, the Sub-Inspector of Police attached to Chatrapatti police station which was reduced into writing and the signature of P.W. 1 was obtained thereon. This was attested by P.Ws. 2 and 3. P.W. 7 registered a case in Cr. No. 202/86 for the offence under S. 302, IPC. Then at 6-45 p.m. he despatched the documents to the Court as well as to his senior officials. Ex. P5 is the printed FIR.(d) At 7 p.m. P.W. 9, the Inspector of Police, Oddanchatram, who was in charge of Chatrapatti Police Station since the Inspector of Police of Chatrapatti was away from the headquarters, got the information through v.h.f. He rushed to Chatrapatti police station and got the FIR copy and from there he went to the scene of occurrenceaccompanied by the Sub-Inspector of Police, P.W. 7. At the scene he prepared an observation mahazar, Ex. P2 in the presence of P.W. 5, the Village Administrative Officer. He also drew rough sketch, Ex. P 11. He had conducted inquest over the dead body at 8-30 p.m. He examined P.Ws. 1 to 3 in the inquest. The inquest report is Ex. P12. At 2 a.m. on 24-7-1986 he handed over the dead body along with the requisition Ex. P13 to P.W. 6 constable for taking to the doctor for post-mortem. At 2-15 a.m. P.W. 9 recovered M.O. 3 blood-stained earth and M.O. 4 sample earth from the spot under EX. P3. At 2.30 a.m. he recovered the blood-stained shirt from P.W. 1, M.O. 1 and blood-stained shirt from P.W. 2, M.O. 2. Ex. P4 is attested by P.W. 5.(c) P.W. 6 constable handed over the body to doctor P.W. 10 along with the requisition for post-mortem. At 2 p.m. on 24-7-1986 P.W. 10 conducted autopsy over the dead body of the deceased. He found the following injuries :"