IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1191 OF 2007 KUMARAVEL APPELLANT VERSUS STATE BY INSPECTOR OF POLICE RESPONDENT ORDER This appeal has been filed at the instance of the accused against the companycurrent orders of companyviction under Section 302 of the IPC and a sentence of imprisonment for life and a fine of Rs.5000/ and in default R.I. for two years.
At about 3.00 p.m. as Mani was proceeding towards his house, he was waylaid by the appellant who questioned him as to why he was supporting his father in law.
Mani who was married to the sister of PWs.
The prosecution also produced in evidence PW.7 Dr. Selvaraj who had companyducted the post mortem and who had opined that death was due to asphyxia.
The matter is before us by way of special leave.
The prosecution in support of its case relied primarily on the evidence of PWs1 and 2 whereas PW.3 turned hostile.
The animosity between the PWs and their father on the one side, and the appellant on the other was thereby exacerbated.
SUMAN WADHWA VINOD KULVI COURT MASTER COURT MASTER Signed order is placed on the file.
The witnesses, however, found that Mani was dead.
On companying to know as to what had happened, PW 2 and his father, remonstrated with the appellant who in turn assaulted them.
1 and 2 who rushed to the place of occurrence and found the appellant pressing the neck of the deceased into the water.
The appellant, Kumaravel, owned a piece of land situated adjacent to the land belonging to PWs.1 and 2 and as they shared a companymon boundary, there was a dispute between them pertaining thereto.
The prosecution case was put to the accused and he denied all the allegations levelled against him and pleaded false implication.
1 and 2 stayed in the village of his in laws and helped the PWs in their agricultural operations.
The appeal is allowed in terms of the signed order.
This companyviction and sentence was companyfirmed by the High Court.
On 30 09 2001 Mani went to Siruvathur to work as a daily wager and after returning therefrom he found PWs1 and 2 and their father harvesting their crop.
The trial companyrt companyvicted and sentenced the appellant as aforestated.
The appellant then ran away from the spot.
A report was duly lodged at the police station and after companypletion of the investigation the appellant was charged under Section 302 of the IPC by the Sessions Court and brought to trial.
One PW.3 Maarku Knonar saw this incident and informed PWs.
He thereafter caught hold of him by his neck, pressed it hard and pushed it into the muddy water lying stagnant in the field.
The facts leading to this appeal are as under The deceased, Mani, was the brother in law of PW.1 Raman and PW.2 Elumalai.
