THANIKA ALIAS THANIKACHALAM Vs. SHAJI

JUDGEMENT

(1.) THE above Criminal Appeals pertain to a case of double murder. Though the target of the accused was one Karthik/PW-2, who perchance was not seen by them when they gained entry into the residence with an intention to finish him off, they succeeded in killing his parents due to their jinxed destiny.

(2.) ON 12.04.2001, the accused were talking to one Shanthi and this was questioned by PW-2, whereupon, a wordy quarrel ensued, leading to a clash between the accused and PW-2. Having developed animosity on account of the same, on the next day ie., on 13.04.2001 at about 2 P.M., the accused, entered into the residence of PW-2 and, A-1 had cut PW-2's mother by name Devaki with patta knife on the left side of her chest, resulting in her death and when it was questioned by the father of PW-2 by name Perumal, he was also attacked by A-2. Therefore, a charge for the offence punishable under Section 302 IPC. was framed against A-1 for causing the death of Devaki. Secondly, in the same transaction, while the first accused was stabbing Devaki, the second accused assisted him, therefore, he was charged for the offence punishable under Section 302 read with 34 IPC. Thirdly, in the course of the same transaction, A-2, armed with patta knife, attacked Perumal on the back side of the neck; the first accused stabbed him with patta knife on his right chest; and when Perumal fell down after receiving cut injuries, A-2 cut him on his right hand, ultimately resulting in his death, thereby, a charge under Section 302 read with 34 IPC. (second count) was framed against them.

(3.) THE case of the prosecution, as divulged by its witnesses, is narrated here-under in an abridged manner :-