(1.) THESE are two connected appeals preferred attains t the convictions and sentence's by the learned Sessions Judge of Ramanathapuram in Sessions Case no. 143/1957.
(2.) P. W. 3 Mandakalai alias Periakaruppa Konar obtained a decree against accused 1 Muthukarunga Konar on 21-7-1956 (vide Ex. P-15) in the Panchayat Court of uthirakosamangai for Rs. 200. It was transmitted for execution to the Court of the district Munsif of Ramanathapuram, where P. W. 3 filed E. P. No. 99 of 1957. Thereupon accused 1 filed E. A. No. 34 of 1937 for recording full satisfaction of the decree on the foot of Ex. P-3, a stamped receipt dated 11-3-1957, alleged to have been executed by P. W. 3. P. W. 3 denounced this as a forgery. The scribe and attestor of the receipt Ex. P-3 was the deceased Ramalingam Servai. One of the two other attestors is accused 2. Ex. P-3 was sent to the Finger Print bureau at Vellore on the application of P. W. 3. The thumb impression found in the receipt was oronounced by the Expert as not that of P. W. 3. It therefore became as plain as a pikestaff that a forged receipt had been filed by the judgment-debtor, accused 1. Therefore, accused 1 was pressing the deceased to speak in support of ex. P-3 as being a genuine document and P. W. 3 was pressing the deceased to speak against the genuineness of the document. The deceased Ramalingam Servai naturally wanted to make money out of this competition for his services.
(3.) THEREFORE, Ramalingam Servai told accused 1 that he would give a final reply after his return from Madurai, where he stated he was going on business and asked accused 1 to give him one sheep, Rs. 30/-and palmyra leaves for roofing his house Accused 1 asked the deceased to go over by train to his village on the following Sunday evening for receiving these presents. These events preceded this tragic occurrence on 13-10-1957.
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