KANNAPPAN ALIAS SWAMINATHAN Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted for offence under Section 304 (2) IPC and sentenced to undergo seven years rigorous imprisonment and to pay a fine of rs. 1,000/- in default, to undergo three months rigorous imprisonment and under section 324 IPC to undergo one month rigorous imprisonment and to pay a fine of rs. 250/- in default, to undergo one month rigorous imprisonment by the learned additional Sessions Judge, FTC No. II, Gobichettipalayam by judgment dated 28. 06. 2002.

(2.) THE background facts in a nutshell are as follows: the appellant, the deceased and P. W. 1 are pangalis and they were living in pattimaniyakarapalayam in Gopichettipalayam. The deceased is the father of p. W. 1. There was a dispute regarding cutting of trees about ten years ago and there were criminal cases between the appellant and the deceased. P. W. 2 and 3, who are mother and daughter are living nearby the house of the deceased. P. W. 2 is the wife of P. W. 1's cousin brother. The occurrence had taken place on 30. 06. 2001 at 10. 00 A. M. On the date of occurrence at about 10. 00 A. M. , the appellant had gone to the house of P. W. 1 to 3 and questioned them as to why p. W. 7, Murthy was visiting the house of P. W. 2 very often to see her daughter p. W. 3 and it was a shameful act for the entire village. The deceased and P. W. 1 had told him that they wanted to give P. W. 3 in marriage to P. W. 7 and the appellant has no authority to question the visit of P. W. 7. A wordy quarrel ensued between them which ultimately turned into a scuffle and at that time p. W. 4 intervened to pacify them and set them apart. It is alleged that the deceased picked up a stone and threw at the appellant and attempted to pick up another stone, which provoked the appellant who took the bill hook (Palaikathi)from P. W. 4's box that was carried by him with instruments for climbing the coconut tree and chased him till P. W. 2's home, stabbed him on the left side of his neck, as a result of which the deceased fell down. P. W. 1 intervened and came to the rescue of the deceased, he was also stabbed by the same weapon on his right shoulder and right rib and thereafter, the appellant ran away from the said place.

(3.) P. W. 1 and the deceased waited for the arrival of P. W. 6, the elder son of the deceased, who took them to Gopichettipalayam Government Hospital and from there, they were taken to Erode Government Hospital. The deceased and P. W. 1 were sent to Coimbatore Government Hospital on the same day. However, the deceased died of the injuries and its consequential effect on 06. 07. 2001 i. e. after about six days.