KASAYI ALIAS SAMINATHAN Vs. STATE

JUDGEMENT

(1.) THE above Criminal Appeal is directed against the judgment of conviction and sentence dated 13-6-2000 rendered in S. C. No. 40 of 1999 by the Court of Additional Sessions Judge, Vellore, thereby convicting the appellant for the commission of the offence under Section 302 IPC and sentencing him to undergo life imprisonment and also to pay a fine of Rs. 1,000/- in default to undergo further Rigorous Imprisonment for a period of three months.

(2.) THE case of the prosecution is that the deceased Selvam and P. W. 2 Kannan are brothers and they belong to the same village of Vadavirinchipuram where from, the appellant/accused also hails; that on 14-8-1998, which was a Adi Friday, many people took 'kavadi' and there was a kavadi procession in the village in which the deceased selvam performed 'silambattam'; that at about 7. 30 p. m. , when the procession was going on, a stranger came on his scooter and p. W. 6 Arumugam intercepted him and chid him for having come in that way and the deceased Selvam intervened and told P. W. 6 to leave the scooterist for which P. W. 6 abused the deceased Selvam as a drunkard and told him that it was none of his business, which was witnessed by P. Ws. 2, 3 and 5 and others.

(3.) THE further case of the prosecution is that after the procession, the deceased selvam complained against the conduct of p. W. 6 to one Murugan, the brother-in-law of P. W. 6, and at that time, the appellant / accused intervened and shouted at the deceased Selvam calling him a bastard, incited others to give him a blow and send him away and enraged by the said act of the appellant/accused, the deceased Selvam slapped him, which was also witnessed by P. Ws. 2, 3 and 5 who separated both of them; that by this time, P. W. 4 Ganasundari, the wife of the deceased Selvam came there and the accused shouting that he would not leave him without killing him, came towards the deceased Selvam and stabbed him with a pen knife on his left chest and fled away and when the deceased was taken to the government Pentland Hospital, Vellore, he was declared dead by the Duty Doctor P. W. 8 Arunan and hence the accused was charged for the offence punishable under section 302. I. P. C.