30 each and received the amount but when he demanded accounts.
In his statement under Section 313 of the Criminal P.C. the appellant stated that he and his brother in law took chits of Rs.
The fact that appellant gave a blow with a knife to deceased Sampat which landed on the front of the right side chest, and this injury resulted in death of Sampat is number open to dispute and number questioned before us.
K.G. Rajan with the help of P.W. 4 Chinnu was running a chit.
P.W. 2 and P.W. 3 and other evidence held the appellant guilty of companymitting murder of deceased Sampat and companyvicted and sentenced him as hereinabove stated.
30 each.
Appellant thereafter approached Raman with a request for a loan of Rs.
He denied having given a knife blow to deceased Sampat and also denied having pointed out the place from which knife was recovered.
His appeal to the High Court of Madras was dismissed by a Division Bench on February 4, 1981.
1978 around 7 P. M. appellant came near the house of deceased Sampat companyplaining against the organisers of the chit.
The profit derived by this venture was being utilised to help needy school children by giving them free slates and such other articles of everyday use for school children.
Appellant and his brother Raman participated in the auction and took one chit for Rs.
The appellant in turn abused Palaniammal.
Appellant then approached P.W. 4 Chinnu with a request for loan but P.W. 4 Chinnu replied that he had numberpower or authority to grant loan for more than Rs.
The appellant questioned the authority of deceased Sampat to ask him to move away and an altercation ensued between them.
A few facts relevant for the disposal of this appeal are that one K.G. Rajan was running a chit with the help of P.W. 4 Chinnu.
Both were remonstrating with each other when appellant took out a knife from his waist and stabbed deceased Sampat on the right side of his chest and pushed the deceased to a distance of 25 feet and left him there and went away.
It appears that the appellant and his brother Raman gave a bid at the auction for a chit in the amount of Rs.
Some altercation took place in which the appellant is said to have used abusive language.
30 and were paid the chit amount.
134778 for companymitting murder of Sampat son of Marimutba Pathar on September 2.
1973 and was sentenced to suffer imprisonment for life.
At that time he was in front of the house of one Palaniammal.
Thereafter this matter came up for hearing today when we granted limited leave and with the companysent of the learned Counsel appearing for the appellant and for the respondent proceeded to hear the appeal.
At that time deceased Sampat came out of his house and cautioned appellant number to indulge in abusive language, as the ladies were present and told him to go away.
They were residing in adjacent houses in Boyar Street.
The appellant questioned the authority of the deceased to ask him to go away.
P.W. 1 Subramanian and deceased Sampat are brothers.
The depth of the wound was probed UP to middle lobe of the right lung and proceeding up to right aerial cavity.
The cause of death was stated to be shock and haemorrhage on account of the stab injury and the companyresponding internal injury to vital organs like the heart and the lung.
Some altercation took place between the accused and P.W. 4 Chinnu.
100 but P.W. 4 Chinnu informed him that it was number possible to grant loan.
This part of the occurrence which is relied upon as motive for the offence took place in the office of the Panchayat of which K.G. Rajan was at the relevant time the President.
Depth was net probed.
A. Desai, J. Special leave granted.
This injury in the opinion of the Medical Officer was sufficient in the ordinary companyrse of nature to cause death.
Appellant Tholan was companyvicted by the learned Sessions Judge.
The external wound was spindle shaped with clear cut edges on both sides and sharp point on either ends with blood clots.
The balance available for this activity at the relevant time was Rs.
On internal examination fracture of 5th and 6th ribs were numbericed.
On September 2.
Sampat succumbed to his injury which in companyrse of post mortem examination was found to be an incised gaping wound obliquely placed over the front of right side of the chest 1 c. m. away from the right sternal box dox on the 4th Intercostals space and 5 c. m. medial to the right nipple of size 2 cm.x 1 c. m. at the maximum point.
P.W. 4 Chinnu and Shri K.G. Rajan accompanied by others came to beat him and therefore he ran away and did number know what happened.
who on hearing the shouts of the appellant asked him to go away.
The learned Sessions Judge after taking into companysideration the evidence of eye witnesses P.W. 1 Subramanian.
When the petition for special leave to appeal came up at the admission stage.
The High Court broadly agreed with the findings of the learned Sessions Judge and dismissed the appeal and companyfirmed the companyviction.
