MEIYAZHAGAN Vs. STATE REP

JUDGEMENT

(1.) The appellant was arrayed as A.1 before the learned Additional District and Sessions Judge -cum- Chief Judicial Magistrate, Cuddalore, in S.C.No. 203 of 1999, along with another, who was arrayed as A.2. In the judgment, the appellant will be referred to as "A.1" and the other accused, who was acquitted by the trial Court, will be referred to as "A.2". A.1 and A.2 were charged under Section 341 IPC. and A.2 was also charged under Section 342 IPC. A.1 was charged under Section 302 IPC., while A.2 was charged under Section 302 read with 34 IPC. The allegation against them is that at about 3.30 a.m. on 20.1.1998, they wrongfully restrained the deceased, Kasinathan and that A.1 cut him with an aruval and caused his death and A.2 shared the common intention of A.1 in causing the death. The learned trial Judge, while acquitting A.2 under Section 341 IPC., convicted only A.1 under the said section and sentenced him to one month rigorous imprisonment. A.2 was acquitted under charge No.2 as well as under charge No.4 framed under Sections 342 and 302 read with 34 IPC.; but A.1 was convicted under Section 302 IPC. and sentenced to imprisonment for life. A.1, aggrieved by the said order of conviction and sentence, has chosen to prefer the above appeal.

(2.) The facts are as follows:- P.W.1 is the wife of the deceased and P.W.2 is the mother of the deceased. P.W.5 is the wife of A.2. They were all residing in Reddiar Colony. A day after the Pongal festival in the year 1998 (15.1.1998), the accused went to the house of the deceased and wanted him to accompany him to Coimbatore and thereafter, the accused left the house with the deceased and P.W.1, the wife of the deceased, who was in the house, saw both A.1 and her husband leaving the house. The deceased did not return home. At 4.30 a.m. on 20.1.1998, when P.W.1 was sleeping in her house, the accused went there and woke up P.W.1 by calling her name. P.W.1 came out of the house and A.1 informed her that while she and the deceased returned from Coimbatore in a bus and after alighting from the bus, when they were proceeding towards the village, her husband had become sick and that blood is oozing through his mouth. He requested P.W.1 to go over to the place. P.W.1 accompanied by her mother-in-law went along with A.1 and found her husband in front of a motor pump shed. The deceased was alive; but was not in a position to talk. He took the hands of P.W.1 and placed it on the neck, where she found a cut injury. The deceased, thereafter, breathed his last.

(3.) In the meantime, at about 6.00 a.m., P.W.4, the Village Administrative Officer, was informed by his menial that Kasinathan is lying dead near a pump shed and P.W.4 went there. He found P.W.1 by the side of the dead body of her husband and she was crying. He questioned her and she gave a statement, which was reduced into writing. The said statement is Ex.P.1. Thereafter, P.W.4 despatched Ex.P.1 to Kattumannar Koil Police Station through his menial and Ex.P.1 was received by P.W.12, the Head Constable of the said police station. P.W.12, on the basis of Ex.P.1, registered a case in Crime No. 34 of 1998 under Section 174 Cr.P.C. and prepared express reports. Ex.P.9 is a copy of the printed first information report and investigation was taken up by Ayyadurai Anthoniar. (Ayyadurai Anthoniar was not examined in Court as he was bedridden and could not attend Court and the investigation conducted by him was spoken to by P.W.12, who assisted him and who knew his handwriting and signature).