GOVINDAN Vs. STATE

JUDGEMENT

(1.) The convicted accused for the offences under Sections 323, 325 and 302 of the Indian Penal Code and thereby sentenced to undergo the rigorous mprisonment for a period of two months, three years and life imprisonment respectively but however to run concurrently, by the learned Sessions Judge of Ramanathapuram at Madurai, in S.C. No. 185 of 1987 dated 10-12-1987, has preferred this appeal, challenging its correctness and validity.

(2.) P.W. 1 by name Kamatchi is the wife of deceased Gurusamy Servai in the instant case. She would claim that two years prior to her giving evidence before the trial Court, at about 4 p.m. on a day the accused, Chidambaram, Narmaran, Pandi and Gunasekaran beat one Padmini and P.W. 3 Gomathi and P.W. 1 questioned them as to why they had beaten ladies, the accused retorted by asking as to who she was to ask for it and beat P.W. 1. This incident was informed by P.W. 1 to her husband and her mother P.W. 2 Muthurakku. This was also respondent by her husband that the matter can be reported before the panchayat and for convening the panchayat of the village on the next day morning he paid the fees for the same, and the panchayat was about to convene on the next day. After informing P.W. 2 that she would meet P.W. 3 Gomathi and come back, P.W. 1 went to the house of P.W. 3 and at that time, the accused was loading his cart with mats for taking it to the other village. P.W. 1 asked the accused as to whether he would be going to the other village when the panchayat is going to be held against him, for which, it was stated that the accused asked what is meant by panchayat and by so saying, he beat P.W. 1 on her hand. Then she cried saying that he was beating. It was the further claim of P.W. 1 that on hearing her cry, P.W. 2 Muthurakku, her mother came running and asked the accused as to why he had beaten her daughter on that day as well as on the previous day and that immediately, the accused took a 'kavai kambu' from the shop situated nearby and beat P.W. 2 on the left hand which caused the bleeding injury and conseqently, P.W. 2 her mother fell down and that on seeing it, the husband of P.W. 1, Gurusamy came running and lifted P.W. 2. It was at this juncture, the accused took the kavai-kambu and by saying that he was the person who is concerning the panchayat and making him to stand in the panchayat and he will be done away with, beat him upon his head. Consequently, her husband fell down and head gave way, there was bleeding and the brain matter came out and she cleaned the oozing blood with M.O. 2 towel, M.O. 3 bits of nylon saree, M.O. 4 bits of petty coat and that thereafter the accused ran away from the said place with the kavai-kambu. Since there was hot sun in that place where her husband fell down, P.W. 1 put him in the pial of one Kumaraiah's house and she along with P.W. 8 b name Lakshmanan brought a taxi from Thiruppullant and took the deceased to the Government Hospital, Ramanathapuram, where she narrated the incident that happened to the Police, which was reduced into writing. It was read over to her and her thumb impression was obtained in Ex. P. 1 and in which, P.W. 8 Lakshmanan has attested and that thereafter on the evening of that day, her husband died and that she handed over the saree M.O. 1 which was blood stained at the time of occurrence to the Police. According to her, the above occurrence had happened at about 8 a.m. on the northern side of the house belonging to one Mayalagu.

(3.) P.W. 2 Muthurakku is the mother of P.W. 1 and she has claimed that P.W. 1 was given in marriage to one Vedaiah, who was her brothers son and the marriage life between them was not cordial always and the marriage was dissolved in the village panchayat and that thereafter P.W. 1 was given in marriage to the deceased Gurusamy and that two years prior to the giving of her evidence before the trial Court, one evening when she was returning from her land, P.W. 1 came to her weeping and complained that she was beaten by the accused, Gunasekaran, Gandhi and Nanmaran and consequently, she went to them and took them to task, for which, they had come to beat her also but however she returned to her house and informed her son-in-law the deceased Gurusamy, who in turn, arranged for the convening of panchayat on the next day morning and that on the next day morning P.W. 1 had gone out to see P.W. 8 Gomathi and after a little while, she heard the noise of P.W. 1 and when she went there and saw by standing near the house of the Pushpam, P.W. 1 was found weeping and accused was found with a small stick in his hand and P.W. 1 complained that the accused had beaten, which was followed by this witness also go to the accused and ask as to why he had beaten her daughter. She would claim further that for her asking so, the accused threw away the small stick, took a kavai-kambu kept near the shop and beat her upon her left hand, which caused the bleeding injuries and thereupon she fell down and that when her son-in-law came and questioned the accused as to why he had beat the ladies the other day and he was beating the old lady that day also, by saying that he was the person who has made him to stand before the panchayat and he will be done away with, the accused beat the deceased on the head with kavai-kambu. Consequently, her son-in-law fell down with the brain matter coming out from the head with profuse bleeding and that the accused ran away with the weapon of offence. As it was a hot sun at that place, P.W. 8 Lakshmanan, Kumaraiah, Arumugam, Sahadevan and P.W. 3 Gomathi all took her son-in-law and placed him in the pial of the house of Kumaraiah and that P.W. 1 and P.W. 8 then brought a taxi and took him to the Government Head Quarters Hospital, Ramanathapuram and that at or about the evening of the same day, she heard that her son-in-law was dead and that when her son-in-law was beaten, P.W. 8 Lakshmanan, Arumugam, P.W. 3 Gomathi were present and that she was given treatment for her injuries.