PERUMAL Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.95 of 1994 on the file of the learned Principal Sessions Judge, Tiruchirappalli, who has been convicted for the offence under Section 304 (Part-I) IPC and sentenced to undergo rigorous imprisonment for seven years.

(2.) The case of the prosecution is as follows:- The deceased Subban is the brother of P.W.1 Chinnathambi. The deceased Subban was owning agricultural lands at Ammapettai. The deceased also took another land on lease abutting P.W.1's land from one Poongudian. The deceased, P.W.1 and the accused had a common well with borewell. The deceased also had a well with borewell separately in his lease land. With regard to taking of water from the common well, there were frequent quarrels between the deceased Subban and the accused, and P.W.1 and the panchayatdars used to intervene and pacify the parties. Two days prior to the occurrence, the accused came to P.W.1 and asked him to settle the dispute between himself and the deceased Subban. On 20.9.93, at about 6.00 a.m., the deceased Subban along with his pannayal Gopal went to irrigate his land. P.W.1 also went to his land. At that time, he saw the deceased Subban also proceeding towards the common well for irrigating his land. The accused was also standing nearby the common well. When the deceased was nearing the well, the accused asked him as to how he would operate the borewell when the coil of the motor was burnt. Thereafter, the deceased went to the well situate in his lease land. The accused also followed the deceased questioning him that after spoiling the motor of the borewell in the common well he was going to the other well and asked as to how he would bring water from that well. By that time, a scuffle arose between them and the accused threw the deceased into the well. Thereafter, the accused also threw two stones viz., M.Os.1 and 2 on the deceased who was inside the well. On seeing this, P.W.1 ran to the accused shouting "vd;dlh fy;iyg; nghLfpwha;?" but the accused escaped. When P.W.1 peeped into the well, he saw his brother Subban lying with head injuries and bleeding. The said incident was also noticed by P.W.3 Gopal and P.W.4 Ganapathi. Thereafter, P.W.1 went into the well and found his brother dead.

(3.) Thereafter, P.W.1 went to the Village Administrative Officer, P.W.6 and gave a complaint Ex.P-1. P.W.6 forwarded the said complaint to P.W.10, Sub Inspector of Police, Inamkulathur Out-post police station. P.W.10 registered the same as Cr.No.571/93 of Somarasampettai Police Station under Section 302 IPC. Then he prepared the printed F.I.R., Ex.P-11 and sent Exs.P-1 and P-11 through P.W.8, Grade-I Constable to the Court and also forwarded the copies to higher officials.