RAMAIYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The accused Ramaiyan, aged 78 years, in S.C. No. 106 of 1983 on the file of the Sessions Judge, Kanaiyakumari Division at Nagercoil, has preferred this appeal challenging the legality and correctness of his conviction under section 302 Indian Penal Code and the sentence for imprisonment for life. The accused was tried for the charge of murder under section 302 Indian Penal Code on the allegation that on 22-2-1983 at Kurunthancode in front of their house caused the death of his eldest son Chellappan by stabbing him with knife. To substantiate the said charge, the prosecution examined P.Ws. 1 to .7, filed Exs. P-i to P-29 and marked M.Os. 1 to 6.

(2.) The facts of the case disclosed from the oral and documentary evidence, can be briefly stated as follows: The accused has got three sons, namely I the deceased Chellappan, Rajamani, P.W. 3 and Ganesan P.W. 1. All of them were married. The house and other properties were also divided into three shares and each son was given his respective share. They have get their land about 150 away from their house, in which there were six palmyrah trees and each son was entitled to two trees as per the partition. The accused who was staying with the second son P.W. 3, was enjoying the two palmyrah trees allotted to the deceased Chellappan by getting sweet toddy and also giving it to the toddy shop, in respect of which some enmity arose between the father and son.

(3.) On the day of the occurrence, namely, on 22-2-1983, at about 7.30 p.m. the accused was making some baskets with the palmyrah leaves by using a knife. The deceased was near him at that time. There were exchange of words between the deceased and the accused in respect of the accused enjoying the palmyrah trees allotted to the deceased. The deceased after exchange of words demanded his father, the accused, to give him betels. But the accused refused. When he refused, the deceased saying that you are refusing to give betel, attempted to beat him after getting down from the pial. At that time, the accused stabbed him. The deceased warded off the cut with the left hand and the stab fell on his left abdomen and the intestines came out.