Decided on August 22,1952



Mack, J. - (1.) The two appellants, who incidentally bear the same name, have been found guilty under Section 302 I.P.C. of the murder of Sellappa Reddiar, an elderly man in the early hours of the 17th of May 1951 on a pathway leading from Paravoi village to Ariyalur, the nearest centre with a District Munsifs court and regular lawyers.
(2.) The prosecution case is that the 1st accused and the deceased were proceeding together from their village of Vedakkalur to Ariyalur via Paravoi where they halted for some hours on the night of the 16th of May 1951. They left Paravoi together in the early hours of the 17th of August when about 11/2 miles from Paravoi, the 2nd accused with implements for murder and burial by prior arrangement with the 1st accused came on the scene. Sellappa Reddiar was killed on the pathway and then buried about half a furlong away. It was not till the 24th of May seven days later that his body was dug up.
(3.) The motive centres round the deceased's young wife Eangaru Ammal P. W. 2, now aged 18 whom he is said to have married when over 40 when she was only about nine years old. This girl came from a poor family of Paravoi. The 2nd accused is her elder brother. She grew into an attractive young woman and like the precious metal after which she was named, she was according to the prosecution case destined to lure men to murder and destruction. She joined her husband, who lived in Vedakkalur about six miles from Paravoi, about 3 or 4 years ago. It was not long before she and the 1st accused aged 30, a married man with two children, who owned a cattle shed near the deceased's house became enamoured of each other. There is plenty of evidence including that of Bangaru Ammal herself as P. W. 2 to show that they were on terms of illicit intimacy in which Sellappa Reddiar ultimately acquiesced and he was at the time of the offence on terms of ostensible friendship with the first accused. The deceased appeared content so long as his wife stayed in his house, but about three months prior to the offence, she went to her mother's house at Paravoi where very soon she struck up illicit intimacy with one Sivalinga Padayachi (P. W. 3) a friend of her brother, the 2nd accused. Though she herself deposed that P. W. 3 was only a friend, P. W. 3 himself admitted intimacy with this young woman. So we have instead of the usual triangle, a quadrangle of a foolish old husband, a very young and attractive wife and two of her paramours.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.