VEERAPPA GOUNDER AND PALANIAMMAL Vs. STATE

JUDGEMENT

(1.) THESE two appeals are by two accused who stand convicted under S. 302 I.P.C. and sentenced to imprisonment for life. The relationship between the, parties is as follows: The first accused is the husband of the second accused. Chellammal, the deceased, was the wife of P.W.1. P.W.2 is the son of P.W.1. The first accused and P.W.1 are first cousins. There was a land which was owned in common by the first accused to the extent of a half share and P.W.1 to the extent of a one -fourth share. There was also a common well in the above said land. A motor and a pumpset were installed jointly by the first accused and P.W.1, the service connection standing in the name of P.W. 1.

(2.) THERE were several circumstances making the first accused and P.W.1 inimical to each other. The first accused is said to have a wife other than the second accused by name Kaliammal. P.W.1 wanted the first accused to sell away his share to him. But Chellammal, the deceased, succeeded in getting a sale deed in her favour from Kaliammal. The first accused executed an agreement for sale in favour of a third party and that third party was taking steps for having the sale deed executed by Kaliammal cancelled. It appears also that there was some dispute between the first accused and P.W.1 about ten years back regarding the cattle of P.W.1. straying in the land of the first accused and the cattle having been subsequently found dead, when the matter was brought before the panchayatdars, the first accused was directed to pay Rs. 400 to P.W.1 by way of damages.

(3.) WHILE so, on 28 -8 -1982 at about 2 p.m. accused 1 and 2 were found near the well endeavoring to switch on the motor. Chellammal, upon noticing the fact, rushed to the spot and attempted to prevent accused 1 and 2 from switching on the motor. A wordy quarrel ensued. Thereafter, the first accused stabbed Chellammal with the pen -knife M.O.1 on the face near the right eye, Chellammal fell down. The second accused stabbed her with the crow -bar M.O.3 on the lateral aspect of the right eye. Then accused 1 and 2 took Chellammal, the first accused by hands and second accused by feet and they threw Chellammal, into the well. There was not much of water in the well at that time. The water in the well was then concentrated in the middle portion of the well. Chellammal landed on the portion which was sandy and accused 1 and 2 continued their attack on Chellammal by stoning her.