- (1.) Leave granted.
(2.) Appellant calls in question legality of the judgment rendered by a Division Bench of the Madras High Court confirming the conviction of the appellant for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and affirming the sentence of imprisonment of life as imposed. It is to be noted that the appellant was tried with one another whose conviction and the sentence imposed by the trial Court for offence punishable under Section 324 read with Section 511 IPC was set aside. Similar was the case for the appellant.
(3.) Background facts as projected by the prosecution in a nutshell are as follows: Rathinavelu (PW-1) is the son, Saradha (PW-2) is the wife, Kanakraj (PW-3) is the younger brother and Selvi (PW-4) is the second wife of Periasamy (hereinafter referred to as the 'deceased'). Appellant-Sellappan is the father and acquitted accused Selvaraj is the brother of Selvi (PW-4). All of them were residing at Nallarayanapatti. The deceased without the knowledge of the appellant and Selvaraj married PW-4 on account of which, they were angry towards the deceased. About 1= years prior to the incident, appellant abused the grandmother of PW-1 and he was questioned by the grandfather of PW-1. Appellant beat the grandmother of PW-1 and the deceased went to the police station and gave a complaint against him. A panchayat was convened, where the appellant was advised that he should not abuse the family members of the deceased. About a year prior to the date of incident, the appellant went to the house of the deceased and wanted his daughter PW-4 to return the jewels which was given to her. She refused to part with the jewels on account of which also the appellant was nurturing a grievance against the deceased. At about 5.45 p.m. on 3.4.1994, Saradha (PW-2), the mother of Rathinavelu (PW-1), who is the wife of the deceased Periasamy, was collecting leaves for silk worms for the purpose of feeding them. Kanakaraj (PW-3) was inside the house. The deceased left the house to bring agricultural labourers and, while he was on his way, the appellant armed with a stick, Selvaraj armed with an aruval, appeared before him. On seeing them the deceased became panicky and shouted saying that they are about to beat him. Selvaraj threw the aruval, which he had in his hand at the deceased and the deceased side stepped. At that time, the appellant with the stick, which he had in his hand, beat the deceased on the head twice. The deceased fell down. The appellant leaving the stick, ran away from the place followed by Selvaraj, who took away the aruval with him. The occurrence was witnessed by PWs. 1 to 3. Kanakaraj (PW-3) went and brought a taxi at about 7.45 p.m. The injured Periasamy was placed in the vehicle and taken to the Government Mohan Kumaramangalam Hospital, where he was produced before Dr. Chellammalpuri (PW-9), the Casualty Medical Officer at 9.00 p.m. PW-9 on examination of the injured Periasamy found the following injuries. "1. A contusion about 4" in diameter at the occipital region. 2.A contusion about 1" diameter at the back of right scapular". PW-9 issued Ex.P5, a copy of the accident register and Ex.P6, the wound certificate. PW-9 also sent Ex.P4 intimation to the Outpost Police Station, which was received by Head Constable (PW-11) attached to the Outpost Police Station, Dr. Singaram (PW-10) treated the deceased and issued Ex.P7 wound certificate. On receipt of Ex.P4 sent by PW-9, Head Constable (PW-11) attached to the Outpost Police Station went to the ward, where the injured was admitted and finding him unconscious, questioned PW-1, who gave a statement. The said statement was reduced into writing and the same stands marked as Ex.P1. PW-11 then returned to the Outpost Police Station and by wireless informed Attayampati Police Station, within whose jurisdiction the occurrence took place.;