ARUMUGAM ACCUSED Vs. STATE

JUDGEMENT

(1.) By judgment dated 20-1-1997 in S.C. No. 75 of 1996, the Principal Sessions Judge, Kanyakumari Division At Nagercoil convicted the first accused for an offence under Section 302 (2 counts) of the Indian Penal Code and the second accused for an offence under Section 302 of the Indian Penal Code. The first accused for the offences charged and framed was sentenced to the death and the second accused for the offence charged and tried was sentenced to undergo rigorous imprisonment for life. R.T. No. 1 of 1997 had come up before us pursuant to Section 366 of the Code of Criminal Procedure and C.A. 139 of 1997 had been filed by the accused questioning the judgment above referred to. Since both R.T. 1 of 1997 and C.A. No. 139 of 1997 arise out of a single judgment, we have decided to dispose of both the matters by a common judgment.

(2.) Chockalingam Pillai, who is deceased No. 1 in this case, is the husband of P.W. 1. He is a retired Forestor. The deceased Chockalingam Pillai and P.W. 1 had two daughters and one son. Subramania Pillai, deceased No. 2 in this case is the son of deceased No. 1 and P.W. 1. P.W. 2 isthe wife of the deceased No. 2. P.W. 2 and her deceased husband were living at Madras and her husband was employed in a private company at Madras P.W. 4 is the eldest son-in-law of P.W. 1 and deceased Chockalingam Pillai. P.W. 4 was employed as Junior Engineer in the Tamil Nadu Electricity Board at Elevenchipuram in Tirunelveli District. P.W. 1 and her husband deceased Chokalingam Pillai are residing at Esanthimangalam Village. P.W. 3 is also resident of the same village and his house is situated in the village where P.W. 1 resides. Accused 1 and 2 are the sons of one Velukambar second accused being elder to the first accused. On the east of P.W. 1's house is situated the house of accused 1 and 2. There have been disputes between the accused on the hand and deceased Chockalingam Pillai on the other hand regarding a pathway. About four months prior to the occurrence, which was on 17-1-1996 Chokalingam Pillai (first deceased) attacked Velukumbar, the father of accused 1 and 2. Regarding this incident a case was filed against the deceased Chockalingam Pillai at Boothapandi Police Station.

(3.) During the festival of Pongal in the Month of January, 1996 P.W. 2 and her husband Subramania Pillai (second deceased) came to the village of Esanthimangalam with their child to see P.W. 1 and her husband. At 8.30 p.m. on 17-1-1996 the deceased Chockalingam Pillai and his son deceased Subramania Pillai were sitting in front of their house and talking. At that time, the accused, who were standing in front of their house were found uttering something against the deceased Chockalingam Pillai. From Ex. P. 18 rough sketch, it is seen that the house of the deceased Chockalingam Pillai and the house of the accused are situated adjacent to each other on the north of the east west road and the house of the accused being situated on the east of the house of deceased Chockalingam Pillai. PWs. 1 and 2 were also there at that time P.W. 3 came that way as well as one Meenakshi. The deceased Chockalingam Pillai turned towards the accused and asked them as to why they are abusing. Immediately, the first accused armed with M.O. 1 (Veechurauval) and the second accused armed with M.O. 2 (Vetturvuval) came running toward the deceased Chockalingam Pillai. Then, the first accused aimed a cut on the deceased Chockalingam Pillai, which fell on his left flank. On seeing this, Subramania Pillai attempted to prevent the attack on his father. Immediately, the first accused with M.O. 1 aimed a cut on the left hand of Subramania, Pillai. The injured Subramania Pillai and Chockalingam Pillai fell down. The second accused with M.O. 2 indiscriminately cut on the body of deceased Chockalinam Pillai, who was already on the ground Likewise, the first accused with M.O. 1 attacked indiscriminately on the body of the deceased Subramania Pillai, who was also already on the around. P.Ws. 1, 2, 3 and Meenakshi saw the occurrence in the electric light available there. P.Ws. 1 and 2 have stated that they were able to see the occurrence with the electric light burning in their house as well as in the house of the accused. P.W. 3 caught hold of the first accused and the weapon in the hands of the first accused fell down. The first accused suffered an injury on the small finger of his left hand and on his left foot. P.W. 1 raised a hue and cry and people gathered. Both the accused ran away from the scene of occurrence.