VIJAYAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The appellant Vijayan was tried for an offence of murder of his elder brother Bellarmin on 7-2-1998 at about 5-30 P.M., by the Sessions Judge. Tirunelveli Division. Tirunelveli, in S.C. No. 283/1988 and he found the accused guilty for the said offence, by his Judgment dated 26-6-1998 and sentenced him to undergo imprisonment for life. The appellant had challenged said Judgment of conviction and sentence.

(2.) The prosecution case, in brief is as follows: - The deceased Bellarmin the accused Vijayan and P.W. 2 Nixon are brothers. The deceased is the younger brother of the appellant/accused and Nixon is the last brother. The deceased Bellarmin was an unemployed person and was not doing any work and was always demanding money either from the accused or his mother. He was a vagabond. He used roam out and only comes to the house for, having meals. He was often quarreling with his brother and mother by demanding money for his personal expenses. If money is not given he used to fight with hem. On 7-2-1988, at about 5.30 P.M, the deceased came to the house and demanded money from the accused, to which the accused replied that since his mother and sister had gone out, asked him to get money from them. P.W.2 Nixon was also there. Since the deceased persisted in demanding money, the accused told him that he has no money and asked him to go out from the house. immediately the deceased got annoyed by the reply given by his brother and so saying he took up an axe which was lying there and attacked the switch board cot, water pan and caused damage to the house when the accused questioned the action of the deceased he attempted to cut the appellant with the axe. However, the appellant was able to snatch the axe from the hand of the deceased. In that process the accused sustained injuries on his left little finger, immediately the appellant attacked the deceased with the axe snatched from his hand on his head. The deceased fell down and blood was coming out P.W. 2 Nixon who was witnessing the incident ran away from the scene. The accused after seeing his brother lying dead went to the village Administrative Officer of Perugudi viz. P.W.1 and narrated the incident at about 7 P.M. she wrote his report under Ex. P 2 and went to the place of incident, found the dead body lying there and prepared Ex. P 2. From there P.W.1 took the accused with the axe in his hand to the Sub-Inspector of Police P.W. 8., P.W.8 on the basis of the statements in Exs. P1. And P2 registered a case in Cr. No. 33/88 under Section 300 of the Indian Penal Code. He prepared the First information Report under Ex. P 12 and forwarded the same to his superiors as well as to the jurisdictional Magistrate fie also phoned up to the inspector of Police about the factum of the accused being present before him. P.W.11, the inspector of Police, who was incharge of Valiyoor Police Station took up the investigation at about 9.15 p.m. He noticed the accused kept in. the police station. He collected the F.I.R. and arrested the accused. The inspector searched the accused and he seized the blood-stained lungi and shirt M.Os. 10 and 11 from the person of the accused. He also noticed that the accused also had sustained injury on his left little finger. He sent the accused to the hospital for treatment. P.W.G. the doctor examined the accused and noticed an abrasion lc.m. on the left little finger and issued the wound certificate under Ex. P 7 for the same. According to the Doctor the injury was simple. P.W.11 then proceeded to the scene of occurrence alongwith the police constables. Since there was no proper light in the scene of occurrence on the next day morning he prepared the observation mahazar as per Ex.P3 and rough sketch under Ex. P.13. He conducted the inquest between 7-30 a.m. and 10-00 a.m. on the dead body of the deceased in the presence of panchayatdars as per Ex. P 14. During inquest he recorded the statements of P.Ws. 1 to 3. He had sent the dead body through the police constable P.W.10 along with Ext. PS requisition for postmortem examination. P.W.6 the Medical Officer attached to the Government Hospital, Panagudi on receipt of the requisition conducted autopsy on the dead body of the deceased at 4 P.M., and noticed the following injuries: -

(3.) The Sessions Judge on committal framed charge under Section 302 I.P.C. The accused pleaded not guilty. On behalf of the prosecution P.Ws.1 to 11 were examined and Exs p i to p 14 were got marked and M.Os. 1 to 11 were produced. No witness was examined nor any document was produced on behalf of the defence. The Sessions Judge after conclusion of the trial arid after putting all them criminating circumstances which were against the accused in the statement under Section 313 Cr. P. C. convicted and sentenced as mentioned above.