SUNDARAPANDIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The first accused, namely, Sundarapandian, aged about 20 years, in S.C. No. 40 of 1982, on the file of the Sessions Judge of Ramanathapuram District at Madurai, has preferred this appeal, challenging the legality and correctness of his conviction under section 302 I.P.C. and the sentence of imprisonment for life imposed there under.

(2.) The appellant1st accused was tried for offence under section 302. I.P.C. on the allegation that on 10/5/1981 at 7 p.m. at Vorneorvaikal Village, within the limits of Mudhukulathur Police Station, he caused the death of his junior paternal uncle, Ganapathi, aged about 55 years with a knife. His father the second accused was tried for the offence under section 304 read with section 34 I.P.C. for having aided the appellant in the commission of the said offence. At the outset, it may be stated that the second accused was acquitted. To sustantiate the said charges, the prosecution has examined P. Ws. 1 to 13, filed Exs. P. 1 to P. 19 and marked M. Os. 1 to 4.

(3.) The case of the prosecution as revealed from the oral and documentary evidence is briefly as follows: Th e deceased Ganapathi, the second accused and P.W. 2 are brothers. Pooranam is their sister. About five years prior to the occurrence, the Appellant married Panchavarnam who is the daughter of his aunt Pooranam. At that time, the first accused-appellant was working as a cleaner in a lorry at Karaikudi. About a year after the marriage, the appellant met with an accident and sustained injury on his right leg. Thereafter, the Appellant shifted his family to Venneervaikal, the scene village, and the appellant and his wife Panchavarnam often quarrelled with each other. So, Panchavarnam used to stay with her mother who was at Puzh ithiku lam. About a month prior to the date of occurrence, namely, 10-5-1981, it was decided in panchayat that the appellant and his wife should be divorced according to caste custom and take their belongings without paying any compensation to each other. In pursuance thereof, they have taken their belongings. It was decided in the said panchayat that the appellant should return one sovereign gold ring and cash of Rs. 70. Since the appellant had pledged the said gold ring, he requested twenty days time. Accordingly, time was granted. He did not choose to comply with his promise. According to the case of the prosecution on 10-5-1981, the day of occurrence, at about 7 p.m. a second panchayat was convened on the eastern side of the tea stall of one Ramu Konar (not examined) and in the course of the said panchayat, the appellant demanded a release deed from Panchavarnam and insisted the said deceased for his returning the gold ring and the sum of Rs. 70/-. The deceased intervened and stated that without paying the sum of Rs. 70/- and returning the gold ring, how can he as for the released deed. The appellant retarted und said that the deceased had no business to intervene and say like that. A wordy altercation ensued between both of them. At that time, M.O. 1 curricane light was burning in the said place. The appellant immediately took out a sun knife. M.O. 1, and stabbed the deceased on the right side of his stomach and on receipt of which, the deceased Ganapathy raised alarm that he was stabbed and set down by holding the injury. P.Ws. 1, 2 and others rushed to catch hold of the appellant. But the appellant threatened them by, showing the knife and ran away from the scene place with the knife. The second accused, the father of the appellant herein, came with an aruval to cut his brother Ganapathy, but he was prevented by the villagers. Thereafter, the deceased Ganapathy was taken to Mudukulathur Police Station in a Cart by P.Ws. 1 and 2. The deceased Ganapathy gave a complaint, Ex. P. 1, before P. W. 11, the SubInspector of Police at about 9.30 p.m. on the same day. On receipt of the complaint; P.W. 11 registered a case in Crime No. 203 of 1981 under Sections 324 and 506 (2) I.P.C., prepared the printed P.I.R. and sent copies of Exs. P. 1 and P.10 to the officials and the Court. Thereafter, he Assistant Medical Officer of the Government Hospital, Mudukulathur, gave the injured Ganapathy first aid and sent him to the Government Hospital, Ramanathapuram for further treatment. P. W. 11 seized the bloodstained banian under Form 95 and recorded the; statement, Ex. p. ii, from Ganapathy. He also recorded the statements of P. Ws. 1 and 2. P.W. 4, the Medical Officer of the Government Hospital, Ramanathapuram, admitted the injured Ganapathi as an in-patient on 11-5-1981 at 2.45 a.m. and thereafter operated the injury. He was of the opinion that the injury found on the deceased Ganapathy is a grievous one, which would cause death in the ordinary course of nature. Ex. p. 2 is the wound certificate issued by him. P.W. 11 conducted further investigation, visited the scene place and prepared rough sketch, Ex. p. 12. He also prepared the observation mahazar Ex P. 13 at about 6.45 a.m. on the same day. He also seized the hurricane light, M.O. 1, which was used in the panchayat under the cover of mahazar, Ex. P.14.