HARIJANA DONTALAGADU Vs. STATE

JUDGEMENT

(1.) The appellant, Dontalagadu alias Subramanyam, has been sentenced by the Sessions Judge, Chittoor, to imprisonment for life under section 302, Indian Penal Code, for the murder of one Krishtan at about 6 P.M. on 12th September, 1962, by stabbing him with a knife, M.O. 1. He has also been sentenced to rigorous imprisonment for eight months under section 324, Indian Penal Code, for having at the same time stabbed and caused hurt to the deceased's son, Kathan (P.W. 1) and to rigorous imprisonment for six months under section 323, Indian Penal Code, for having caused hurt to Munigadu (P.W. 2) by throwing a stone at him. All the three sentences were ordered to run concurrently.

(2.) The facts according to the prosecution are briefly as follows : Both the deceased Krishtan, who was aged about 50 years, and the accused Dontalugadu, who is aged about 21 years, were residents of Karur Harijanwada, their houses being at a short distance from each other. The deceased and P.Ws. 1 to 5 belong to the ''vetti" group of families, while the accused belongs to the " payakari " group of families. About one month prior to the occurrence, there was a quarrel between the accused and P.W. 1 because the latter beat the former's bull and drove it away from P.W. 1's hay-rick. On the morning of the occurrence, while the accused and P.W. 1 were ploughing the field of Kalappachari (P.W. 10), the accused picked up a quarrel and beat P.W. 1. P.W. 1 stopped ploughing and returned home.

(3.) At about 6 P.M. on the same day, the deceased and P.W. 1 were erecting a fence for the pen near their house. The accused came along the adjacent road on his way home. The deceased went up and asked him why he had beaten P.W.1 in the morning. The accused replied that he would beat not only P.W. 1 but also the deceased. Thereupon the deceased became angry and pushed the accused. The accused whipped out a knife (M.O. 1) and stabbed the deceased on the stomach. The deceased fell down and the accused started running away. P.W. 1 tried to catch him, but the accused stabbed him on the abdomen and escaped. P.Ws. 2 to 4, who were in the vicinity, saw these events. P.W. 2, Munigadu, is the deceased's elder brother's son, living a few houses off from the deceased's house. P.W. 3, Katadu, is P.W.l's maternal uncle's son and P.W. 4, Murugesan, is the deceased's first cousin. P.Ws. 2 and 3 chased the accused and P.W. 4 went near the deceased to bandage his wound. The accused, while running, threw away his knife into a field. Then he pelted a stone at P.W. 2, which struck P.W. 2's right hand and ran towards the house of Natesan (P.W. 5), which is separated by one house from his own house. He jumped over a thorny fence and fell down, receiving some injuries. P.W. 5 caught hold of the accused. P.Ws. 2 and 3 joined him and helped him to hold the accused. The accused's dhoti (M.O. 3) and towel (M.O. 4) got loose and fell over the fence. The accused's sister took them away and the accused who had become naked used his banian (M.O. 2) to cover his private parts. P.Ws. 2 to 5 took the accused to the house of Kandaswami Reddy (P.W. 12) who is the President of the Karur Panchayat Board. When P.W. 12 inquired the accused, the latter confessed in the presence of P.Ws. 2 to 5 and 11 and one Vetti DoraisWamy that he had stabbed both Krishtadu and P.W. 1. The party proceeded to the field, where the accused had thrown away his knife. They searched for the knife and the accused picked it up. P.W. 11 and Vetti Doraiswamy kept the accused and the knife (M.O. 1) in their custody until the arrival of the police.