MUTHUKARUPPAN Vs. STATE

JUDGEMENT

(1.) THE accused, who is convicted of matricide, challenges his conviction recorded by the II Additional Sessions Judge, Madurai, by way of this appeal.

(2.) THE accused was charged with offences under Secs.302 and 323, I.P.C., on the allegation that on 20.6.1993, at about 11.30 p.m., he hacked his mother Petchi Ammal with an axe, in the house where she resided and also injured his sister Vellai Ammal in that process.

(3.) INSOFAR as the assault portion is concerned, it is clear that on the fateful day, the accused had actually hacked the deceased. There is no cross-examination worth the name of this witnesses insofar as that aspect is concerned. The evidence of P.W.1 Vellai Ammal gets corroboration from the evidence of the doctor P.W.2, who treated P.W.1 immediately after the occurrence, for the injuries she had suffered. P.W.2 has found the following three injuries on the person of P.W. 1. "1. A lacerated wound left forearm at lower third 3 " 1 " 1 cm. 2. Lacerated wound back of right elbow 2 " 1 " 1 cm. 3. Abrasion left thumb 0.5 " 0.5 cm." The doctor has also opined that there was chance for the said injuries having been caused by a sharp weapon like M.O.3. In the absence of any cross-examination worth the name of the doctor P.W.2, the presence of Vellai Ammal at the time and place of occurrence only appears to be most natural and believable since it was after all her mother's house and there was every reason for her to have come and stayed there on the fateful day. We are, therefore, of the clear opinion that her version is cogent, convincing and fully supported by the evidence of P.W.4 Alagarsamy, who has also established not only the presence of this witness, but also asserted that he also had seen the accused hacking the deceased. We are, therefore, convinced that it is the accused who alone is responsible for the death of Petchi Ammal and also for the injuries found on Vellai Ammal.