MUTHURAMALINGAM Vs. SUBINSPECTOR OF POLICE

JUDGEMENT

(1.) - The appellant, accused stands convicted for an offence under section 302 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) The case of the prosecution as culled from the records is briefly as follows: The accused and the deceased Esakimuthu were the residents of Arumuganery village. The deceased was working as a server in the tea shop of P.W. 1. The tea shop was situated on the southern side of Tiruchendur Road. Opposite to the tea shop was an arrack shop wherein P.W. 2 was working as an Accountant. On 3.3.1982 at about 7.30 p.m. P.W. 2 demanded two cups of tea from the shop, of P.W. 1. P.W. 1 in turn supplied two cups of tea in two glass tumblers through the deceased, who, in fact went to the arrack shop and supplied the tea to P.W. 2. At that time, the accused was sitting in the pial of the arrack shop. P.W. 2 paid 60 no to the deceased for the supply of two cups of tea. The deceased returned from the arrack shop along with two glass tumblers and the money received.

(3.) P.W. 3 is the wife of one Daniel Nadar, who was doing part-time job in the tea shop of P.W. 1 by supplying water. Both P.W. 3 and her husband used to take their bed in the house of P.W. 1. P.W. 3 had the opportunity of witnessing the taking of the tea by the deceased to the arrack shop, when the deceased returned from the arrack shop, the accused had fun and frolic with the deceased by removing his that and running here and there. The deceased also attempted to get back the hat from the accused. In that process the accused and the deceased were going towards east of Tiruchendur Road. Thereafter nothing was heard a bout the deceased and the accused. P.W. 1, in fact made a frantic search of his boy servant, the deceased, during night hours. He was unable to find him. He was thinking that the servant boy, the deceased, could have gone to certain film show and would return in the morning.