PERUMAYEE Vs. STATE

JUDGEMENT

(1.) THE question that arises in this criminal appeal is as to whether on the given facts and circumstances of the case, the appellants-accused have acted in their right of private defence while committing the murder of the deceased-Arunachalam.

(2.) BOTH the accused-appellants were put to face the trial in S.C.No.5 of 2004 on the file of the learned Principal Sessions Judge, Salem and the learned Judge by his judgment dated 2.9.2005 found the first accused guilty of the offence under Section 302 IPC and the second accused guilty of the offence under Section 302 r/w 34 IPC and sentenced each of them to undergo imprisonment for life and also to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for six months.

(3.) P.W.1, the wife of the deceased, on hearing the noise of her husband, the deceased, and A1, went to the place of occurrence along with her sister-in-law, P.W.2 and brother, P.W.3 and saw A1 attacking the deceased with a thonnai on his head by saying "was it not enough to have spoiled me and you wanted to spoil my daughter too". She also saw A1 attacking the deceased on his right shoulder and knee. Thereafter, A2, the husband of A1, also cut the deceased with a billhook near his left eye. When P.W.1 shouted, both the accused ran away from the scene of occurrence leaving the weapons at the scene. She saw the oozing of blood from her husband's head, nose and ear. Thereafter, she arranged a vehicle and took the injured firstly to the Government Hospital, Edappadi, where the doctor advised her to take the injured to the Government Mohan Kumaramangalam Medical College & Hospital, Salem. Thereafter, the injured was taken to the said hospital at 12.45 a.m., on 5.2.2003, where the casualty medical officer, P.W.9 treated him and issued the accident register, Ex.P-11. In spite of the treatment, the injured succumbed to the injuries around 1.40 a.m., on 5.2.2003.