ELUMALAI Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of judgment in S.C. No. 82 of 2005 on the file of I Addl. Sessions Judge, Dharmapuri at Krishnagiri, convicting first appellant/A1 under Section 302, 307 read with 34 IPC and sentencing him to undergo life imprisonment (for offence under Section 302 (IPC) and R.I. for 10 years for offence un-der Section 307 read with 34 (IPC) and con-victing second appellant/A2 under Section 302 read with 34 IPC and sentencing him to undergo life imprisonment and also imposed fine. Third accused was acquitted of the charges.

(2.) CASE prosecution in nutshell is as fol-lows:(i) Appellant and witnesses-P. Ws. 1 to 3 are related as under:A3 is grand son of Perumal through his first wife.(ii) A1 's marriage was solemnised with one Thenu and there was differences between A1 and his wife Thenu. Due to death of P.W.1's father there had been some quarrel between witness Murugan and A1. P.W.2-Murugan married A1's sister Sasikala. Due to frequent quarrel between P.W.2-Murugan and his wife Sasikala, she left matrimonial house and was residing in A1's house. Inspite of repeated re-quest Sasikala had not rejoined her husband P.W.2-Murugan, which resulted in enmity be-tween both families. P.W.1-Arumugam and his family members are said to have intervened in the matter.(iii) On the night of 13.11.2003, P.Ws.1 to 3 and deceased Chennammal were sleeping in the verandah of their house in Ramakrishnampathy Village. In the midnight at about 11.00 p.m., A 1 to A3 came there and on hearing sound, P.Ws.1 to 3 woke up. On the instigation of A2, A1 had thrown M.O.1-Ammikulavikkal on the head of Chennammal and Chennammal died instanta-neously.(iv) P.W.1 chased A2 on the river side and he caught hold of A2's shirt and A2 shook of his shirt and ran away. When P.W.3-Lakshmi questioned A1, A1 stabbed P.W.3 with M.O.4-Spear (Kuthu Eetti) on her hands, ab-domen and chest. A3 is alleged to have beaten P.W.2-Murugan with M.O.3-Thadi.(v) P.W.4-Peruma, who is sister of P.W.1, on hearing the noise came there and saw A1 stabbing P.W.3 with M.O.4-Spear (Kuthu Eetti). On 14.11.2003, P.W.1 had taken his wife Lakshmi to Uthangarai Govt. Hospital. P.W.8-Dr.Marimuthu examined injured.P.W.3-Lakshmi and noted lacerated injury on the right forearm, right hand dorsum, right shoulder and 2nd Meta carpel bone was frac-tured. Exhibit PS is the wound certificate. P.W.2-Murugan was also admitted in the hos-pital and no external injuries were noted and Exhibit P-4 is the wound certificate. After ad-mitting P.W.

(3.) DRAWING our attention to evidence of P.Ws.1, 2 and 3, learned Public Prosecutor (In-charge) Mr. P. Kumaresan submitted that the witnesses have consistently spoken about A1's Overt act and evidence adduced clinchingly establishes that A1 has caused in-jury to deceased Chennammal with intention to cause death and Trial Court rightly con-victed appellants/accused 1 and 2. Wife of A 1-Therm left A1 and Panchayat was con-vened and Venkattan, father of P.W. 1, advised A1 to reconcile to his wife. Regarding the rela-tion of A1 with his wife, there was frequent quarrel between Venkatan and A1. A1's Sister Sasikala had married P.W.2-Murugan. Due to strained relationship between P.W.2 and Sasikala, she left the matrimonial house. Because of frequent quarrel between P.W.2 and Sasikala and her desertion, relationship be-tween both families was strained. About 10 days prior to occurrence, A1 had gone to Ramakrishnampathi Village and quarrelled with P.W.1-Arumugam and his family mem-bers.