THANGASWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant, Thangaswami, was tried in 5.0. No. 75 of 1983 on the file of the Court of Sessions, East Thanjavur at Nagapattnam, for an offence under section 302, I.P.C., on the allegation that on 1st September, 1983, at about 9 a m., in the village of Senniyanallur village, situate at a distance of 12 kilometres from the Anaikkaranchatram police station, within the limits of Sirkazhi circle caused the death of Veeraswami, husband of P.W. 1. and father of P.W. 2, by stabbing him with a bitchuva Knife, M.0. 5, and Bala Kambu. The trial Court found the appellant guilty, as charged and sentenced him to undergo imprisonment for life.

(2.) The prosecution case can be briefly suromarised as follows: The appellant, Thangaswami, and the deceased, Veeraswami, belong to the same village and they are Adhi Dravidas, living in the colony. Though the appellant married Arurmaikannu, examined as D.W. 1 about eight years prior to the incident, he has no children. The deceased Veeraswami, along with his wife P.W. 1 and son P.W. 2 were originally residing in the house next to that of the appellant. The deceased Veeraswami was infatuated with D.W. 1, the wife of the appellant. The deceased was attempting to make D.W. 1 consent to his incestuous advances, but they were all repelled by D.W. 1. However, the deceased was incessantly showing signs to the wife of the appellant, to somehow or other capture her heart. The appellant has warned the deceased on several occasions. On one such occasion, two years prior to the incident while the appellant warned the deceased, the latter beat him. At the instance of the appellant, a prosecution was launched against the deceased which ended in a conviction a sentence of fine of Rs. 100/- was imposed. This is evident from Exs. D.1 and D. 2, the first information report in that case and the calendar extract of the judgment. It also transpires that subsequently, the appellant sold his house and was residing in the house marked as No. 3 in Ex. P.24, the scene sketch, which is 600 feet away from that of the deceased. The deceased was living in the house marked as No. 17 in the sketch. On the day prior to the occurrence, i.e., on 3 1.8.1983, there was an altercation between the appellant and the deceased in respect of the same problem.

(3.) It was, in this background, that the incident had taken place on 1.9.1983 at or about 9 30 a.m. The deceased along with his son, P W. 2, left for his fields in the early hours of the morning. Since food had not come to him in the fields, he returned to his house along with his son at about 8:30 a.m. As only cold rice was available in the house, he took his son to Perambur, situate at a distance of half a mile from his house, and took idlies in a tea-shop. Not wanting to return to the house, P.W. 2 and the deceased were proceeding towards their fields. On the way, while they passed the house of the appellant, on noticing the deceased, the appellant abused him. D.W. 1. was also present. The appellant seems to have exclaimed at the deceased as to why he was walking to and. fro in front of his house as though and practicing walking. Stating that he would immediately stab him, the appellant went inside the house and brought a Bala kambu (spear head) and stabbed at the chest of the deceased. The deceased caught hold of the Bala Kambu which prompted the appellant to remove the bitchuva M.O. 5 from his waist and stab the deceased on several parts of his body including the chest, back, hands and shoulders. P.W. 1, Vesantha the wife of the deceased, who was in her house at that time beard the noise and witnessed the occurrence. P.W. 2, the son of the deceased who had accompanied his father has also been examined as an ocular witness. P. W. 3 the younger brother of the deceased and P.W. 4, the cousin of the deceased, also came to the scene on hearing the noise and they were also examined as eyewitnesses to the occurrence. On seeing PW5 1,3 and 4 coming towards the scene, the appellant left with his weapons the Bala Kambu and the bitchuwa knife (M.O. 5). The deceased fell down, and died instantaneously. The place where the deceased had fallen down is the field, belonging to the appellant. P.Ws. 5 and 8 saw the appellant running away after the incident.