ANNAMALAI Vs. STATE

JUDGEMENT

(1.) The Appellant Annamalai, is the accused in S.C. 60/1986 on the file of First Additional Sessions Judge, Salem. He was tried and convicted for the offences under Sections 302, IPC, 25(1)(c), 25(1b)(a) of Indian Arms Act and 9B(1)(b) of Indian Explosives Act, 1984 and sentenced to undergo life imprisonment for the offence under S. 302, IPC and RI for 3 years on each count for the offence under Indian Arms Act and RI for 2 years for the offence under Indian Explosives Act respectively.

(2.) The facts need narration. The deceased Madayaian aged about 13 years, is the son of P.W. 3. P.W. 1 Raman and P.W. 3 Andi are brothers. P.W. 2. Andi is pangali of P.Ws. 1 and 3. Accused Annamalai is Oor Gounder belong to the same village Kilakadu, hamlet of Chinnakalrayan Malai. One day prior to the occurrence, at about 7.00 P.M., P.W. 1 Raman, his brother P.W. 3 Andi Sadayan and Annamalai were sitting in the house of P.W. 3 and conversing with each other. The appellant Annamalai at that time came to the house of P.W. 3 and asked the witnesses to give Rs. 200/- so that he would make arrangements for getting patta for the poromboke land, which was being enjoyed by P.W. 1's brother Sadayan. Then P.W. 3 and others asked the appellant to go away from the place stating that they could know how to obtain patta for the land. The appellant getting angry with these words retaliated by exclaiming (vernacular matter omitted). So saying he left the place and went away.

(3.) The next day i.e. on the date of occurrence early morning at about 8-00 a.m. on 12-7-1985, P.W. 1. Raman, P.W. 2 Andi along with the deceased Madayan, son of P.W. 3 went to Alamarathu Kadayu reserve forest and engaged themselves in cutting the wood for constructing a pandhalkal for their house. During that time, the appellant suddenly appeared in the scene and fired a shot by a country unlicenced revolver aiming at the victim Madayan. P.Ws. 1 and 2 on hearing the sound turned towards the place where the accused was standing. Immediately the appellant/accused with a country unlicenced revolver which he had in his hand was found running away from the scene. Then both of them went near the victim Madayan, who was found lying on the ground with injuries on the left eye, left shoulder, mouth and left knee and other places, due to the pellets fired at him through the country revolver by the appellant.