Decided on October 22,1970

In Re : Perumal Thevar Appellant
STATE Respondents


- (1.) Appellant, Peramal Thevar, seeks to appeal against his conviction for an offence under Section 302 I.P.C. for committing the murders of his wife Sudalalvadivu and his mother-in-law Gotnathl Ammal. There is also the conviction of the Appellant for an offence v. under Section 309 I.C. against which he seeks to appeal.
(2.) The accused belongs to A. Swarkarkalam. The mother, Gomathi Ammal and her daughter, Sudalalvadivu, belonged to Karungslam. Sadalaivadivu was married to the accused. P.W. 1 Esakki Ammal and P.W. 2 Gomathi Ammal are the neighbours of the two deceased. After marriage Sudalaivadivu often used to frequent her mother's house as a result of her quarrel with the accused. A male called was born to the wife of the accused. Sudalaivadivu returned to the mother's house and (sic)de a complaint against the accused Subsequently, the wife of the accused went to the house of the accused at Alwarkarkulam. But after some time, she returned to her mother's house with the child. About three days prior to the occurrence, the accused came to the house of his mother-in-law and took away the child from his wife Sudalalvadivu. This time the wife did not go to bring back her son. These facts are amply graved by the evidence of P.W.l.
(3.) Like P.Ws. 1 and 2, P.W. 3 Sankaralingam. belongs to Kareagulam On 25th March 1969 (Tuesday at about 7-30 a.m.P.Ws. 1 and 2 went to Periakulam tank for the purpose of sowing cucumber and black gram serde in the task, which was dry then. At (sic) both the (sic)ther and daughter (G(sic) Ammal and Sudalalvadivu) came there for the purpose of sowing seeds on the (sic) side of the tank P.Ws. 1 and 2 were actually sewing seeds 50 feet from the place where P.Ws. 1 and 2 were showing. They (sic) till about 10.30 a.m. At (sic) the accused came with a pair of chapter M.O. 1 series) in his hands as it was not possible for him to walk with the chappals in that tank. The accused ease there find the deceased Gomathi Anmal and the deceased Sadalaivadivu sawing steds in a beading posture facing east. He seared Gomathi Ammal, his mother-in-law, dropped M.O. 1 series and took eat the atuuval M.O. 2 from his (sic) and sat on the back of his mother-in-law Gomathi Animal with M.O. 2, She stood up. The accused aimed a cut on her with M.O. 2. She warded off the cut with her right hand. The cut fell on her right palm and severed a portion of that palm along with four fingers and THE severed portion down. Farmer, the accused caton her neck and head repeatedly with M.O. 2. As a result of these cats, she felt down and died immediately.;

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