EKAMBARAM Vs. STATE
LAWS(MAD)-2003-1-110
HIGH COURT OF MADRAS
Decided on January 14,2003

EKAMBARAM Appellant
VERSUS
STATE Respondents


Cited Judgements :-

SADASIVAN VS. STATE [LAWS(MAD)-2015-3-339] [REFERRED TO]


JUDGEMENT

- (1.)The appeal is directed against the judgement dated 06.02.1995, made in Sessions Case No.187 of 1994 on the file of Principal Sessions Judge, Trichy, convicting the appellant and sentencing him for five years rigourous imprisonment for the offence punishable under Section 304 Part II I.P.C. for the homicidal death of one Tamilarasi due to the bodily injuries caused by the accused, who is nonetheless the husband of the deceased Tamilarasi, on 08.10.1993 at about 11.30 a.m. at Melavannam Village within the jurisdiction of Thirumanur Police Station.
(2.)The case of the prosecution was unfolded by the evidence of P.Ws.1, 2 and 4 to 7, who are admittedly close relatives of the accused and the deceased. Concedingly, P.Ws.1, 2 and 4 to 7 turned hostile even though they were said to be eye witnesses. P.W.3, who is the sister of the deceased alone, supported the case of the prosecution.
(3.)According to the evidence of P.W.3, the sister of the deceased, there was a quarrel between the deceased and the husband of P.W.1, by name Ravi, who is nonetheless the brother of the accused, who was examined as P.W.9, with respect to a hand loan relating to the purchase of sugar and on account of which, P.W.1 refused to work in the field of the deceased. Due to the above strained relationship between the two families, namely, that of the accused and P.Ws.1 and 9, P.Ws.1 and 9 did not inform the death of their daughter despite their close relationship, which had further aggravated the ill feelings between the two families. Due to the above prior enmity between the two families, the accused, at the instance of the deceased, attacked P.W.1, which was questioned by the husband of P.W.1, and there was a scuffle between the accused and P.W.9 and the matter was compromised by the intervention of other close relatives and panchayathars as deposed by P.W.3.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.