Arijit Pasayat, J. - (1.) THESE two appeals are directed against the common judgment of the Karnataka High Court whereby conviction of the appellants under Section 302 of the Indian Penal Code, 1860 (in short the 'I.P.C.') read with Section 34 thereof and the sentence for imprisonment for life was confirmed.
(2.) ADDITIONALLY, accused-appellants Ayyar Thavar and Porutchyelvan were convicted for the offence punishable under Section 323, I.P.C. and sentenced to undergo R.I. for three months. Such conviction and sentence have been upheld. Accusations which form the basis of prosecution in essence are as follows : 3.1. Maheshwari (hereinafter referred to as the 'deceased') was allegedly having an illicit relationship with Azagu Raja, Sub-Inspector of Police, who is the husband of Minnalkedi (A-6). She was originally an accused but was acquitted by the trial court. The said Minnalkedi is the daughter of Ayyar Thavar. Accused Porutchyelvan is the son of accused No. 1 Ayyar Thavar and accused Krishnan and Ganeshan are cousins of Porutchyelvan. Originally, 7 persons were alleged to be the authors of a homicide in which Maheswari lost her life on 3.12.1991. Accused Mylakkal is the wife of Ayyar Thavar and another accused Selvi was their daughter. Mylakkal, Minnalkedi and Selvi were acquitted of the charges by the trial court. Originally, all the accused persons were charged of offences punishable under Section 302, I.P.C. read with Section 34, I.P.C. and also under Section 120B, I.P.C. and Section 341, I.P.C. The appellants Ayyar Thavar and Porutchyelvan were, in addition, accused of committing offence punishable under Section 323, I.P.C. 3.2. Deceased Maheswari was working as a Branch Post Master in a village post office. She was unmarried. One year prior to the occurrence, she developed intimacy with Azagu Raja. This was objected to by the accused persons and accused Krishnan and Ganesan reprimanded the deceased and warned her when she was returning from her place of work not to have any connection with Azagu Raja. Report was filed at the police station by the deceased in this regard. Thereafter, the police looked into the matter and advised them not to quarrel with each other. Six months prior to the occurrence, deceased used to tell her brother Parameswaran (P.W. 1) that she was receiving telephonic threats from the accused. P.W. 1 decided to take the deceased to her work place and to bring her back home in view of such threats. On 26.6.1991, again the deceased gave a report to the S.H.O., Srivilliputhur Town Police Station stating that she was apprehending danger at the hands of the accused. Even one week prior to the occurrence, the three acquitted accused came to the Branch Post Office and threatened her with dire consequences and even told her that her life was in danger. On 3.12.1991 at about 2.30 p.m., P.W. 1 went to the work place of the deceased and when both of them were coming back, suddenly the accused appellants emerged from the side of a Milk dairy. Accused-appellant Ayyar Thavar said in a loud voice as to how the deceased dared to continue her intimacy with his son-in-law, notwithstanding the warnings given to her. He tried to assault the deceased. When it was warded off by P.W. 1, he was given fist blows on his neck and nose and pushed down. On seeing this, the deceased tried to escape by running towards the nearby milk dairy. 3.3. Accused-appellant Ayyar Thavar inflicted a cut injury on the backside of the deceased uttering in loud voice "die with this". Accused Porutchyelvan gave a blow with aruval on the head of the deceased on the right side. Similarly, accused-appellants Krishnan and Ganesan caused cut blows on her back. When the deceased fell down, the accused-appellant Ayyar Thavar inflicted another cut on the right ear lobe. Thereafter, all the four accused persons ran away. P.W. 1 entrusted the body of the deceased with Rengan (P.W. 2) and rushed to the nearby police station and gave a report at about 3.00 p.m. Periyakaruppan (P.W. 11) reduced the same into writing and registered a case and prepared a first information report and sent the same to the Court and the concerned higher officials. He also sent P.W. 2 with a medical memo for treatment and rushed to the place of occurrence and sent the injured Maheswari for treatment with a constable. Dr. Muthuswami (P.W. 7) examined her at about 3.40 p.m. on 3.12.1991 and found five injuries. P.W. 1 was also examined at about 4.00 p.m. and injury was noticed on the nose. Titus Gnanadoss (P.W. 12), the Inspector of Police at the police station took up the investigation. Intimation was received by him about death of the deceased at about 4.40 p.m. Post-mortem was conducted by Dr. Abbas Ali (P.W. 8). After completion of investigation the case was committed to the Court of Sessions, Kamarajar and the trial was held. During trial of the case, accused persons pleaded innocence. The plea taken was that the deceased had four sisters and one of them was not getting proposals for marriage because everybody knew about her illicit relationship with Azagu Raja. Therefore, P.W. 1 and other members of the family killed the deceased and put blame on the accused appellants and the ladies of their family. Accused-appellant Krishnan took the plea that at the relevant point of time, he was not present and referred the warning notice given in a daily. His stand was that Azagu Raja had falsely implicated him in the case.
(3.) ACCUSED-appellant Ganesan took the plea that at the relevant point of time he was working in Sethupathi High School as officer, Education Department and, therefore, the question of his presence at the place of occurrence could not have arisen as claimed. He examined D.W. 1, the Head Master of the School to substantiate his claim. The trial court analysed the evidences on record and found that P.W. 1's evidence was credible and cogent, though some doubts were expressed on the veracity of P.W. 2's evidence. Nevertheless, since the evidence of P.W. 1 was credible, as noted above, the accused-appellants were convicted and sentenced. But evidence was found to be inadequate so far as three ladies are concerned.;