Accused convicted and sentenced u/s 304 I IPC.

Janarthanam, J.

The appellant is the accused in S.C.No. 68 of 1986 on the file of Court of Session, Periyar Division at Erode. He was found guilty of offences punishable under Sec. 302 (two counts) and 323 of the Indian Indian Penal Code, convicted thereunder and sentenced to imprisonment for life for the offences under Sec. 302, I.P.C. (two counts), besides rigorous imprisonment for six months for the offence under Sec. 323, Indian Indian Penal Code, with a direction for the sentences to run concurrently.

2. Aggrieved by the said conviction and sentences, the present action had been resorted to.

3. The brief facts are:

(a) The scenevillage Chettipalayam is a hamlet of No. 74, Puthur village situate within the limits of Dharapuram Police Station, 14 Kilometres away. The accused Rengasamy Gounder and his younger brother Govindasami Gounder are the residents of that village. Both the brothers reside separately. The house of the accused is situate a furlong away on the south of the house of his brother, Govindasami Gounder. One Natarajan and Balakumarasami are the sons of the accused. One Nachammal (since deceased) (hereinafter referred to as ‘D-1’) was the wife of Govindasami Gounder. The spouses were blessed with three daughters and a son, viz., Poonkodi (since deceased) (hereinafter referred to as ‘D-2’) Balamani, Subbulakshmi (P.W. 1) and Velusami. Their house is situate on the west of the north-south street, running on the east of the village facing north. There is a lane adjoining their house running north to south connecting Pollachi-Dharapuram main road running east to west situate on the north of the village. The house of one Nachammal (P.W. 2) is situate on the north-west of the house of Govindasami Gounder. It faces east. There is a Spinning Mill at Govindapuram. D-2 had been employed in the said Spinning Mill. One Saroja, Dhobi by caste, was her co-worker. They were thick friends. It so happened that the son of the accused, viz., Natarajan fell in love with the dhobi girl Saroja.

(b) Some two years before the occurrence day, which event happened on 4.12.1985, the Dhobi girl Saroja eloped with Natarajan. Their marriage, however, took place subsequently. The accused was having obsession that D-2 (Poonkodi) and her mother D-1 (Nachammal) were responsible for his son Natarajan falling in love trap with Dhobi girl Saroja, resulting in their lawful wedlock. As a consequence there was want of cordial atmosphere between the two families. The embittered relationship between them grew to such an extent that the family members of one family did not visit the other family even on auspicious and inauspicious occasions.

(c) One year prior to the occurrence, D-2 Poonkodi was given in marriage to one Ramasami of Panaimarathupalayam. She was enceinte and came for delivery to her parental house at Chettipalayam. She was admitted in a private Nursing Home at Dharapuram and a few days prior to the occurrence, she gave birth to a female babe and after her discharge from the Nursing Home, she had been in her parental house for post-delivery care.

(d) On the day of occurrence, at about 4 p.m. D-2 Poonkodi and her sister Subbulakshmi (P.W. 1) were alone present in the house. Her father Govindasami had been to Dharapuram in connection with some errand. Her sister Balamani, employed in the Spinning Mill, had gone out for work. Her mother Nachammal (D-2) went to fetch water. At that juncture, the accused, it is said, paid a courtesy call to their house. The accused enquired D-2 as to whether his wife paid a courtesy call during her stay in the Nursing Home. She replied in the negative. The accused, however, wanted to make some present to the new born babe and so saying, he took out some money from his pocket for making the presentation. D-2 went inside to take the babe in her arms before ever the presentation was made. The accused prevented D-2 from taking the babe saying that he was not interested in making any presentation eithe