CHINNADURAI Vs. STATE

JUDGEMENT

(1.) THE appellants 1 to 3 were convicted in S.C.No.195 of 1987 on the file of I Additional Sessions Judge, Tirunelveli for the offence under Sec.302 read with 34 of the Indian Penal Code, 1860 and sentenced to undergo life imprisonment Hence, this appeal.

(2.) THE factual matrix are as follows: THE deceased in this case is Muniasamy, the brother of P.W.1 Marimuthu, and P.W.3 Narayanan. THEy are residing in Thalaipannai village, THE deceased, prior to the date of occurrence was employed under one Vinayaga Nadar in his toddy shop. THE first appellant Chinnadurai was having a taste shop selling sundal, vadai, pattani, etc. to the customers who come to the toddy shop. THE deceased obtained a loan of Rs.50 from the first appellant Chinnadurai. Despite repeated demands for repayment of the said loan, the deceased did not repay the same. THErefore, there was misunderstanding between them. P.W.2 Mandiramurthy, the relative of the deceased, is also residing at Thalaipanai village, On 20.7.1986, the deceased Muniasamy and P.W.2 Mandiramurthy went to see second show cinema in Sri Murugan THEatre situate at Athur. After the show was over both of them came back home. It was at about 2.00 a.m. on 21.7.1986 and they were going along the cart pathway near THErkuathurkulam. At that point of time, all the three appellants appeared at the scene and waylaid the deceased. THE first appellant Chinnadurai asked the deceased to pay back the loan amount immediately or else, there could be serious consequences. THE deceased objected to the manner of his asking for the repayment of the loan amount. THEre was a wordy quarrel. THEn the second appellant exhorted saying that they would not talk to him any more, as he was not able to pay back the loan amount and that they would kill him in that place itself. THEreafter, the first appellant with the stick beat the deceased, injury on the right eye. On receipt of the said injury, the deceased sat down and at that time, all the three appellants with sticks began to beat the deceased indiscriminately. P.W.2 on seeing the occurrence tried to intervene by objecting to that act. However, all the three threatened him saying that he would also be attacked. THErefore, P.W.2 took to his heels and bid himself near the toddy shop. After the victim was being beaten, all the three dragged the body of the victim and threw the body into the channel. THEreafter, they disappeared from the scene.

(3.) P.W.4 the Doctor attached to Kayalpattinam Government Hospital commenced post mortem at about 2.30 p.m. on 21.7.1986 and found the following injuries: