KRISHNASWAMI ALIAS CHINNU Vs. STATE

JUDGEMENT

(1.) Appellant Krishnaswami alias Chinnu was the sole accused in Sessions Case No. 20 of 1987 on the file of the Principal Sessions Judge, Coimbatore. He was charged under Section 302, IPC on the allegation that at or about 11.00 p.m. on 16th January, 1986, near Vinayagar temple, adjacent to the house of one Palaniswami, situated at Bangalowmedu, he caused the death of deceased Rajendran, by stabbing him with a knife on his abdomen, neck, etc. On conclusion of trial, appellant was found guilty as charged and sentenced to undergo imprisonment for life.

(2.) The case of the prosecution as disclosed from the evidence brought on record, is as follows : P.W. 5, Chinnaswami, a resident of Mettupalayam, is the father of deceased Rajendran. P.W. 1, Subramaniam, P.W. 2, Sivanandam, P.W. 3, Chandran, P.W. 4, Arumugham, and the appellant were residents of Rajapuram, near Mettupalayam. About 15 years ago P.W. 5 purchased 1.6 acres of land from Thiru Mooppa Gounder, father of the appellant. The said land is surrounded on all sides by the lands belonging to the appellant and his father-in-law Nanjayyan. It appears that it was not properly measured, at the time of sale. On the ridge, adjacent to this land, there was a margosa tree. Deceased Rajendran cut the branches of the tree for using the same as firewood. In retaliation, appellant's father, cut five or six plantain trees, situated in the field of P.W. 5. Therefore, there was misunderstanding between the families of the deceased and the appellant. While, so, at or about 5.30 p.m. on 16th January, 1986, the occurrence day, there was a wordy altercation between the appellant's father and father-in-law on the one side and P.W. 5 on the other. At or about 9.30 p.m. deceased Rajendran left his house with a view to prefer complaint at the police station, in relation to the incident, that had occurred in the evening.

(3.) P.W. 4, Arumugham, was coming back home from his brother's house at Bangalowmedu at or about 11.00 p.m. on the night of occurrence. Near Vinayagar temple, he noticed Rajendran, who requested him to take him as a pillion-rider, on his cycle, to be dropped at Bangalowmedu. P.W. 4 obliged. P.Ws. 1 and 2 were coming towards P.W. 4 from opposite directions. P.W. 3 was following P.W. 1, P.W. 4, who was taking the deceased with him, overtook these two witnesses, pedalling his cycle. Street lights were then burning. At that juncture, suddenly, the appellant emerged from the western direction, pulled down Rajendran from the cycle and exclaimed "if Rajendran was a big rowdy in the village and only if he was done to death, problems will be solved". So saying, appellant suddenly whipped out a knife from his waist and stabbed on the abdomen, and neck portion of the deceased, a few times with M.O. 1, knife. Injured Rajendran fell down screaming. Appellant continued to attack the fallen down victim. P.W. 4 shouted. P.Ws. 1 to 3 also converged towards the venue of crime. Appellant fled away westwards with the weapon of offence. P.Ws. 1 and 2 procured an autorickshaw and escorted injured Rajendran to Government Hospital, Mettupalayam, where he was declared dead by Dr. Mohandass (not examined). However, P.W. 7, Dr. Karunanidhi, who was acquainted with the hand-writing and signature of Dr. Mohandoss has affirmed that Exs. P. 7 and P. 8 are in the handwriting of Dr. Mohandoss, who had signed them as well. Ex. P. 7 is a copy of the accident register, prepared by Dr. Mohandoss and Ex.P. 8 is the death intimation, forwarded by him, to the police.