BALAN ALIAS BALUSAMI MUDALI Vs. STATE

JUDGEMENT

(1.) THREE persons were tried by the learned Sessions Judge of Salem in connection with the murder of one Palani Chetti. The first Accused has been convicted of the offence under Section 302 IPC for causing the death of Palani Chetti by saueezinsr his testicles on 23-2-72. the second accused has been convicted under Section 109 and Section 302 IPC for abetting the offence of murder by Pushing the said Palani Chetti on the ground and by catching hold of the legs of Palani Chetti to enable the first accused to squeeze his testicles. The third accused has been similarly convicted of the offence under Section 109 and Sectioa 302 IPC of abetting the murder, by catching hold of the hands of Palani Chetti when A-l squeezed his testicles. AH the threp have also been convicted under Section 201 I. P-C. Thev have been sentenced to death, subiect to confirmation by this Court for the maior offencp under Section 302. or Section 109 and Section 302 I, P. C and to rieorous imprisonment for two vears, each for the offence under Section 201 IPC

(2.) PALANI Chetti used to purchase fried gram from P. W. 2 (Raman alias Ramaswami) and sell it in shandies: in particular at Tiruchengode. PW. 1 (Sellammal) was the concubine of Palani Chetti. She savs that Palani Chetti left the house on the morning of Tuesdav, 22-2-1972 and did not return home thereafter.

(3.) ON Tuesdav 22-2-1972, P. W. 2 found Palani Chetti under the influence of drink when he was selling the fried gram at Tirucheneode-P. W. 2 advised Palani Chetti not to do business after drinking arrack.