SURUTTAYYAN ALIAS VAYYAPURI GOUNDAN Vs. STATE OF TAMIL NADU
HIGH COURT OF MADRAS
SURUTTAYYAN ALIAS VAYYAPURI GOUNDAN
STATE OF TAMIL NADU
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Balakrishna Aiyar, J. -
(1.) I agree that the conviction and sentence should be confirmed and the appeal dismissed. On the views of my learned brother regarding the scope and content of Sections. 85 and 86, I.P.C., I express no opinion one way or the other. I merely desire to guard myself against the possibility of its being understood that I concur with them, for I greatly hesitate to voyage into the twilight between the confines of knowledge that is implied by the law and statutory intention. As I look at this case, the question and problems raised by Mr. Jayarama Aiyar do not really arise. All questions of intention apart, the acts of the accused in stabbing his father in the manner he did is covered by the fourth clause of Section 300, I.P.C. Chandra Reddy, J.
(2.) The appellant one Suruttayan alias Vayya-puri Goundan belonging to Nallipalayam village, Namakkal Taluk, Salem district, has been convicted by the Sessions Judge of Salem under Sections. 302, 323 and 324, I.P.C. and sentenced to death and three months' and one year's rigorous imprisonment respectively. The offence of murder was committed on the night of the 5th of August 1952, the murdered man being no other than the father of the appellant.
(3.) The prosecution case briefly is this: The deceased Marappa Goundan had two sons and two daughters, the eldest of them being the appellant and the youngest P. W. 3. A fortnight before this occurrence there was a partition of the family properties, at which the father was. allotted, among other things, three bulls, one pah-valued at KB. 550 arid the other bull at Rs. 125. On the morning of 5th August 1952, when the deceased was working in his field, the appellant approached him and suggested that the bulls valued at Rs. 550 might be given to him for Us. 500 and the other one valued at Rs. 125 might be sold to the younger son for Rs. 175. The father was not agreeable to this inequitable suggestion and wanted to sell them all in a shandy. This provoked the appellant who abused his father in filthy language. At that time, P. W. 2 the mother of the appellant and P. W. 3 his. sister also happened to be there and his maternal uncle P. W. 1 was working in the adjoining field. The deceased felt dishonoured by the vile Jan-guage used by the son. p. \v. 1 who was witnessing all these came there and advised the appellant to go away promising to settle the-matt er later.;
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