B JAYABAL Vs. STATE

JUDGEMENT

(1.) The Appellant herein is the first accused who stood trial before the Sessions Court along with two other accused for offence under Sec. 302 of I.P.C r/w 34 I.P.C. The trial Court acquitted the other two accused. Held the present appellant guilty for offence under Sec. 304(ii) of I.P.C and sentenced him to undergo 10 years R.I and fine of Rs.1,000.00 in default 6 months R.I.

(2.) Aggrieved by the above judgment, the present appeal is filed.

(3.) The brief facts of the prosecution case is that on 30.01.2010 at about 9.30 hours near the 2nd cross, Veterinary Hospital Street, Karuvadikuppam, Lawspet, Pondicherry. Jayabal (A1), Balu (A2) and Jayaprakesh (A3) murdered one Sakthivel using knives. Lakshmi wife of the deceased Sakthivel gave a complaint to Lawspet Police on 30.01.2010 at about 21.45 hours. She informed the police that Meena is the sister of the deceased, living with her husband Balu (A2) sons Jayabal (A1), Jayaprakesh (A3) and daughter Sowmiya was not in good relationship with them. Whenever Meena and Balu had difference of opinion, Meena used to come to her brother's house (deceased Sakthivel) and report about her husband and sons. In this connection, Sakthivel used to go to the accused house and reprimand them. Therefore, there was animosity between the deceased and the accused persons. On 16.01.2010 when quarrel broke out between Meena and her husband Balu (A2), Meena left her marital home and came to her brother's house. Knowing that the accused persons have left her major daughter Sowmiya at the sister's house of Balu (A2) in Tindivanam, Meena went their on 30.01.2010 and brought her daughter Sowmiya along with her to the deceased house. Knowing the same, the accused persons came to the deceased house at about 2.00 p.m and picked quarrel with Meena. They questioned her why she brought Sowmiya with her. The deceased Sakthivel intervened and came in support of his sister Meena. At that time, the accused persons scolded Sakthivel. Snatched the child Sowmiya from Meena and tried to leave the place. When Sakthivel resisting them and tried to prevent them from taking away the child Sowmiya with them, Mr.Balu (A2) told his sons, only if Sakthivel is done away, their problem will come to an end. Saying so, Balu(A2) caught hold of the right hand of Sakthivel and Jayaprakesh caught hold of the left hand of Sakthivel. Jayabal took the knife and stabbed Sakthivel on his right side neck and slashed. On hearing the scream of Lakshmi (wife of the deceased) public gathered. The accused persons threatened them if anybody come near them, will face the same fate and fleeded from the place. Sakthivel was taken to the Government General Hospital, Puducherry in an Auto. The Doctor declared him as brought dead.