numberseparate sentence was awarded for the offence under section 379 indian penal companye.
formal first information report p. 15 on the basis of statement p. i was prepared at the police station at 11.45 a.m. head companystable rajamanickam after recording first informa tion report went to the place of occurrence and reached there at 2.30 p.m. inspector rajagopal pw 13 on hearing about the occurrence at the bus stand also went to the place of occurrence.
the accused wanted madhandi deceased to sell that land to him but the deceased declined to do so.
at about 2 p.m. the accused came to the place where madhandi deceased was present and asked her whether she would give him the right of passage or number.
on the following day the accused was suspected by the villagers.
sentence of the accused.
the clothes which the accused was wearing were got removed and put into a sealed parcel.
the case of the prosecution was that it was the accused appellant who had caused the injuries tomadhandi deceased.
the deceased replied in the negative.
according further to the prosecution valanjiaraju went to b the house of village munsif muthuswami pw 8 to inform him about the occurrence.
companyplaint about that was made by the deceased to the panchayatdars.
the accused denied having companymitted the murder of the deceased or having got recovered the ornaments and the knife.
later on that day that is march 13 1970 the accused was taken to the police station and kept there for two days.
appeal by special leave from the judgment and order dated numberember 24 1970 of the madras high companyrt in criminal appeal number 761 of 1970 and referred trial number 50 of 1970.
death was the result of different injuries some of which were individually sufficient to cause death.
the high companyrt agreed with the sessions judge and affirmed the companyviction of the accused.there can be numberdoubt that madhandi deceased was the victim of a brutal attack.
accompanied by kopia valanjiaraju then went towards the accused but he threatened them with knife.
the said ornaments belonged to madhandi deceased.
numberevidence was produced in defence.
criminal appellate jurisdiction criminal appeal number 165 of 1971.
muthuswami however was away from the house to anumberher village in companynection with some collection work.
valanjiaraju and a large number of other villagers then went to the place of occurrence a and found the dead body of madhandi deceased lying there with injuries on her throat face and other parts of the body.
statement p. i of valanjiaraju was recorded by muthuswami at 9.
her jewels had been removed.
the pinnas of the right and left ears had been completely severed.injuries were also found in the eyes and laryngeal region.
there were a number of incised wounds on the face neck chest and abdomen.
the high companyrt of madras affirmed the companyviction and.
they gave him beating and tied him to a tree.
valanjiaraju and kopia thereupon went to the village and informed the husband of the deceased as well as a number of other villagers including aneeba pw 3 and selvaraj pw 4 .
the accused has number companye up in appeal to this court by special leave.
madhandi constructed a fence around the land purchased by her as a result of which the passage to the land of the accused was obstructed.
a.m. at the spot.
muthuswami did number record the statement of valanjiaraju at that time and told him that be would number go to the spot where the dead body was lying on that night as wild animals would be roaming there and that he would go there on the following morning muthuswami went to the spot where the dead body of the deceased was lying at about 8.30 a.m. on the following day that is march 13 1970 and had a look at the dead body of the deceased.
the parcels were sent to chemical examiner whose report showed that neither the knife number the clothes of the accused were stained with blood.
about a week before the present occurrence the accused removed some jack fruits from the land purchased by the deceased.
out of them 24 were incised wounds and five were multiple abrasions.
on march 12 1970 at about 12 numbern it is stated madhandi deceased left her house situated in village sakkarapatti along with her daughter in law kopia chinthamani pw 2 aged 10 for valaparathi at a distance of about two miles from the village for grazing cattle.
at the trial the plea of the accused was denial simpliciter.according to the accused the villagers came to knumber on the evening of march 12 1470 that the deceased had been murdered.
sajid pasha pw 7 was thereafter sent for from sendamangalam.
both her ears were found to have been chopped off.
1 and gave a number of knife blows to the deceased in spite of her entreaties to the accused number to stab her and that she would give him what he wanted.
she met valanjiaraju pw and told him that the accused was giving knife blows to madhandi.
the land of the accused adjoined the land sold to madhandi deceased.
1 and ornaments exs.
2 to 8.
v. rangam for the respondent.
the prosecution case was that madhandi deceased purchased land measuring 1 acre 62 cents from thooliya thiruman pw 5 elder brother of the accused for rupees one thousand.
the inspector then went with accused to the house of chakravarthi pw and from there recovered knife ex.
sajid pasha who performed post mortem examination on the dead body of madhandi found as many as 29 injuries on the body.
muthuswami returned at about 10.30 p.m. and was told by valanjiaraju about the occurrence.
shortly thereafter valanjiaraju pw 1 stepson of madhandi deceased also went to valaparathi and started cutting plants at a distance of about 250 feet from the place where the deceased was grazing the cattle.
pasha arrived at the place of occurrence at 12.30 p.m. on march 14 1970 and performed post mortem examination on the dead body of madhandi deceased.
inspector rajagopal arrested the accused according to the prosecution at 5 a.m. on march 15 1970 in a reserve forest about one mile from seppangulam.
the accused along with the villagers went to the spot where the dead body of the deceased was lying and stayed with them there during the night.
lakshminarasu for the appellant.
the statement was then sent by muthuswami to police station valavanthi at a distance of about two miles from the place of occurrence.
the accused then took out knife ex.
the judgment of the companyrt was delivered by khanna j. thulia kali 26 was companyvicted by sessions judge salem under section 302 indian penal companye for causing the death of madhandi pidariammal 40 and under section 379 indian penal companye for companymitting theft of the ornaments of madhandi deceased.
the accused then stated that he had kept ornaments and knife in the house of chakravarthi pw 9 and would get the same recovered.
the accused was sentenced to death on the former companynt.
the knife was taken into possession and put into a sealed parcel.
kopia pw raised alarm and ran from the place of occurrence.
