PATTU ALIAS KADIRVELU MUTHIRIYAN Vs. STATE OF TAMIL NADU
HIGH COURT OF MADRAS
PATTU ALIAS KADIRVELU MUTHIRIYAN
STATE OF TAMIL NADU
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Chandra Reddy, J. -
(1.) Criminal Ap. No. 522 of 1951 is a jail appeal preferred by accused 1 in sessions case No. 59 of 1951 against the judgment of the learned Sessions Judge of Trichinopoly, convicting him under Section 304, I. P. C., and sentencing him to three years R. I., while Crl. Ap. No. 237 of 1952 is by the State against the acquittal of accused 2 in the same case. The charge against these two accused and accused 3 and 4, acquitted by the trial court, was that ait of them murdered one Ganesan on 19-11-1950 at about 7 a.m.
(2.) The case for the prosecution is briefly this. There was long standing animosity between the deceased on the one hand and accused l to 4 on the other and there were a number of clashes between them resulting in complaints and counter- complaints. Because of this ill-feeling between the parties, the deceased always used to carry a 'bitchuva' with him.
(3.) On the morning of 19-11-1950, when the deceased was going from his house towards the Uyyakondan river, the accused accosted him and asked him why he was collecting men to attack them. Not satisfied with this, the four accused beat the deceased with their hands. The reaction of the deceased to this was to meekly submit and to ask them to beat him further, if they so chose. Just at that time. P. W. 8 happened to pass that way when the deceased shouted out to him that the accused were beating him. P. W. 8 went away in order to fetch some help to the deceased. Meanwhile, accused 3 taunted the deceased by asking him what would he do if he was beaten by him and followed this up by giving him a slap on his cheek. At once, the deceased pulled out the 'bitchuva' (M. O. 1). which he was having in his waist and stabbed accused 3 on the left shoulder. Accused 1 went to the rescue of the latter, which led to the deceased stabbing accused 1 over the right shoulder, the injury thus caused being 1 1/4" x 5/8" x 1/3". Accused 2, who happened to be nearby, in order to disable the deceased from inflicting any further injuries on accused 1, caught the deceased from behind his waist. Immediately, accused 1 wrenched the 'bitchuva' from the hands of the deceased and inflicted an injury on the back of the deceased, which resulted in his death. The accused, thereupon, ran away from the scene.;
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