Judgment :-

P. Sathasivam, J.

1) This appeal has been filed against the final judgment and order dated 17.10.2006 passed by the Madurai Bench of the Madras High Court in Criminal Appeal No. 1556 of 2003, whereby the High Court dismissed the appeal filed by the appellant herein and confirmed the order dated 29.08.2003 passed by the Additional District and Sessions Judge (Fast Track Court No. IV), Madurai at Periakulam in S.C. No. 390 of 2002.

2) Brief facts

a) The case on hand relates to the death of a woman in her house over a land dispute by the appellant-accused, claiming the plea of insanity under Section 84 of the Indian Penal Code, 1860 (in short ‘the IPC’). Parvathi @ Kili (the deceased), her husband Parasivam Chettiar (PW-6) and their grand daughters viz., Chellakili (PW-1) and Parmala (PW-2) were living together at Ammapatti village. The deceased was the paternal aunt of the appellant-accused.

b) There was a dispute between the family of the appellant-accused and the deceased over a portion of land belonging to one Chinnamanur Pillayar Kovil, which was taken on lease by PW-6 through one Chinnamanur Karuvaya Pillai. The family of the appellant-accused claimed that the said land was only leased out to them. When the family of the appellant-accused demanded to handover the disputed land, PW-6, in turn, after the death of the said Chinnamanur Karuvaya Pillai, handed over the land to one Karuppaya Pillai (PW-11), son of Karuvaya Pillai which resulted in strained relationship between both the families as the appellant-accused was demanding money for the same.

c) One day prior to the date of occurrence, i.e., on 04.11.2001, when PWs 1 and 2 were also at home, the appellant-accused came to the house of the deceased and questioned about the whereabouts of PW-6 and also told her that they have taken their land and money and threatened to kill them. At that time, PW-5, brother-in-law of PW-6 came there and pacified the appellant-accused. Thereafter, the appellant-accused left the place by saying that he would come again tomorrow and warned that if the money is not paid, he would kill her and her husband.

d) On 05.11.2001, at 8.00 a.m., while the deceased was in the kitchen, the appellant-accused entered into the house and closed the door from inside. When PWs 1 & 2 asked about the conduct of the appellant-accused, he said that if the deceased and her husband are not paying his money, he is going to kill them and went to the kitchen. Thereafter, the appellant-accused pulled the tuft of the deceased in his left hand and gave a cut on her neck with Aruval and when she warded off with her right hand, it resulted into injuries to her fingers. At that time, PWs 1 & 2 requested the accused to leave her. Again, the accused caught hold of the tuft of her in his left hand and gave repeated Aruval blows on her head as a result of which she died instantaneously. Thereafter, the accused left the place with Aruval in his hand and after opening the door he said that he is going to kill PW-6 also. On raising hue and cry by PWs 1 & 2, the neighbors came there. PW-1 along with PW-5 went to the Uthamapalayam Police Station and after recording the statement given by PW-1 the sub-Inspector of Police (PW- 16) registered a case being Crime No. 386 of 2001 for the offence punishable under Section 302 of the IPC. On the same day, at 4.30 p.m., the appellant-accused was arrested and the dead body was also sent for post mortem. After completion of the investigation, a charge sheet was filed and the case was committed to the Court of Additional District and Sessions Judge, (Fast Track Court No. IV) Madurai at Periakulam and numbered as Sessions Case No. 390/2002.

e) The Additional District and Sessions Judge, by order dated 29.08.2003, convicted the appellant-accused under Sections 449 and 302 of IPC and sentenced him to undergo RI for 5 years under Section 449 of IPC along with a fine of Rs.5,000/-, in default, to further undergo RI for 1 (one) year and to underg