(1.) ONE Krishnaswami Naicker of Muthalapuram Kottur, Tirunelveli Dt. , who has been convicted and sentenced to imprisonment for life under Section 302, I. P. C. for the murder of Kandaswami Naicker of the same place is the appellant.
(2.) AT the Sessions along with the appellant, his elder brother, one Perumal alias Perumalswami Naicker, was also charged under Section 323, I. P. C. But he was found not guilty and acquitted. From the evidence let in by the prosecution, the following facts emerge.
(3.) THE sister of the accused was the second wife of one Sangava Naicker, brother of the deceased, and by reason of the refusal by the said Sangava Naicker and the deceased to give the daughter of the former by his first wife in marriage to the second accused, the relationship between the two families was somewhat strained. On the day prior to the occurrence, when the deceased, P. W. 8 and others were chatting near a shop, the second accused was walking into the shop and the deceased appears to have given him a push saying that he was too close. This appears to have hit a boil of the second accused on his leg. On the day of the occurrence, at about 8 p. m. or so, the deceased and P. Ws. 1 to 3 and 5 were sitting on a stone in front of the house of one Ramaswami and were chatting. The second accused who had resented the push he had on the prior day came that way hurling abuses at the person who had given him the hit the previous day, and this led to a wordy quarrel between the second accused and the deceased, later on developing into exchange of blows. The evidence is that, at that time, the appellant herein, the first accused (younger brother of the second accused) came on the scene and beat the deceased on his back. When the deceased turned round, the appellant took a soori knife from his waist and stabbed him on the left side of the chest near axilla and started running. The deceased ran behind him, chasing him, and P. Ws. 1 to 3 and 5 who were there, also started chasing the appellant. Their progress was retorted by a dog coming in the way, and in the meanwhile the appellant escaped. The deceased who went chasing the appellant fell down after running a few yards. P. Ws. 1 to 3 and 5, thereupon, carried the deceased to his house and sent intimation to the village munsif, P. W, 7, of Muthalapuram. He arrived at about 11 p. m. and recorded the statement Ex. P-5, from the deceased. Placing the deceased in a cart to be taken to Ettayapuram P. W, 7 went ahead and handed over the statement, Ex. P-5, and his own report, Ex. P 5-A, to the Sub-Inspector of Police, P, W. 15, Ettayapuram. P. W. 15 also examined the deceased who WAS then conscious and recorded a statement, Ex. P-17, from him. A case was registered under Section 307, I. P. C.