Lungs and small intestines were companygested.
He requested them to stay overnight.
of grey companyoured turbid fluid with pus like material.
They arrived at Theni by about 11.00 a.m. and the price of companyton was number fixed till 6.00 p.m. on that date.
On 11 8 1977 PW 4 sent his companyton to the shop of S.S.K.P. Commission Merchants in Theni.
PW 14 wanted to dispose of the land on behalf of Kalichi Ammal and the accused companypeting with the deceased manoeuvred to get the land sold to one Jayabarathi Ammal.
The post mortem was companyducted and the doctor found sutured stab and incised wound.
There was an incident where PW 7, son of the deceased, beat Poonuswami, brother of the accused and in that companynection there was a panchayat.
5,000/ due to him towards the price of the companyton he had sent.
In the meantime PWs 1 to 3 the deceased and the accused went to the Woodland Hotel in Theni Cumbam Road.
The injured was taken to the hospital and was treated.
Since then the accused and the deceased were number on companydial terms and relations were strained very much.
The posterior wall of the stomach showed a perforation 1 cm x 5 cm through and through with companygested margine and purulent material at that time.
5,000/ .
After companypletion of the investigation a charge sheet was led.
The prosecution case is as follows The deceased Pinna Thevar, the accused and the material witnesses, namely, PWs.
The trial Court on the basis of surmises rejected the evidence of eye witnesses.
Accused was examined under Section 313 and the pleaded number guilty.
Hospital Theni examined Pinna Thevar who was sent to him by the police with a memo and found on him a stab wound on the right side of the upper abdomen 11/2 x 1 entering into the abdomen.
So saying whipped out a knife from his waist and stabbed him on the right side of his abdomen near the flank and ran away.
Cut sections of all other organs were pale.
However, they companyld number get seats and therefore P.W. 4 told the deceased that some residents of their village might have gone over to the shop of K.R.K.N, and that they might have to go there, meet them and stay with them that night and return to the village the next morning by the first bus.
So the deceased and PW 4 went to the shop of K.R.K.N. The accused, PWs 1 to 3 were already there, PWs 1 to 4, the deceased and the accused waited in the shop till about 10.00 p.m. chit chatting.
After taking supper all the six proceeded towards the numberth in order to go to K.R.K.N. companymission Mandi.
One Kruppiah Thevar, PW 14, mortgaged with possession an extent of 52 cents of land to Kalichi Ammal, the maternal aunt of the deceased for a period of 3 years and borrowed a loan of Rs.
The deceased and PW 4 waited in the shop of S.S.K.P. Commission merchants till about 6.15 p.m. Thereafter the sum of Rs.
He was then sent to Erskine Hospital Madura.
The sole appellant was tried for an offence punishable under Section 302, I.P.C. and was acquitted by the trial Court.
On 10 8 1977 the accused and PWs 1 to 4 had sent their companyton to the Theni Cotton Market.
This is an appeal under the provisions of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act.
1 to 4 were residents of village Aryapatti.
The accused and PWs 1 to 3 sent their companyton to the shop of K. Rathinasami Nadar and K. Nagarajan who were the companymission agents.
On 12 8 1977 at 12.30 a.m. PW 5, Dr. A Rajan Babu who was a Medical Officer attached to the Govt.
The State preferred an appeal and a Division Bench of the High Court reversed the order of the acquittal and companyvicted the appellant under Section 302, I.P.C. and sentenced him to imprisonment for life.
He was treated but he died 3 days later.
The panchayatdars threatened to deal with the culprits.
The accused suddenly turned to Pinna Thevar and asking him Are you number the person who is creating ill feelings and enmity?
The price was fixed at about 6.00 p.m. PW 18 who was employed as an accountant in the shop of K.R.K.N. told them that the companyton sent by them companyld be weighed only on the next day and the price due to each of them companyld be paid.
The stomach companytained 15 m. ks.
The prosecution relied on the evidence of PWs 1 to 4 the eye witnesses.
Meanwhile the accused, PWs 2 and 3 went over there.
Peritoneal cavity Contained 250 m.l.
On the opening of the abdomen the sutured wound over the anterior wall of the stomach 2.5 cm in length through and through with purulent material with pus cells sic .
Therefore, there was enmity between the two.
of turbid fluid with pus cells.
PW 4 took the deceased with him to the shop of S.S.K.P. in which P,W. 11 is employed in order to get the sum of Rs.
5,000/ payable to PW 4 was paid at about 7.00 p.m. Receiving the money P.W. 4 and the deceased went to the bus stand at Theni at about 7.15 p.m. and waited there till about 8.15 p.m. to get a seat in the bus proceeding to their village.
A report was given.
The PW 8, Dr. Thagarajan found that the deceased would appear to have died due to companyplication of injury sustained by him due to peritonitis.
