ARUSAMI GOUNDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Additional Sessions Judge, Coimbatore, has convicted the appellant under section 363. I. P. C. , read with Section 109 I. P. C. , and sentenced him to undergo rigorous imprisonment for three years.

(2.) THE case for the prosecution, so far as it is now material may be summarised extremely briefly. One Kolandaiappa Goundar of Narasapuram village had incurred the enmity of a number of his castemen in his village. So he left Narasapuram and took up residence in the house of his sister, Devakkal, P. W. 23, in Gandhipuram. But his enemies were resolved to take his life. So they arranged that he should be persuaded to attend' a late cinema show so that on his way back he could be murdered at some suitable spot. For some reason or other two such schemes miscarried.

(3.) SOMETIME in the evening of 26-8-1956, the deceased went to inspect a plot of land which he intended to purchase. One Nanjappa accompanied the deceased. Immediately before he set out in company with the deceased, Nanjappa asked P. W. 2 to go and inform the appellant that he was taking the deceased to a place that he had already shown to the Goundars. Accordingly P. W. 2 met the appellant and told him that the deceased had already been taken to the spot shown to the goundars and asked him to inform the Goundars accordingly. The evidence in the case does not show what happened immediately thereafter.