Chennai Court June 1954 Judgments

In Re: Kaliaperumal

Court: Chennai

Reported in: AIR1954Mad1088; (1954)IIMLJ673

Rajagopalan, J. 1. The accused was charged under Section 302 I. P. C. with having murdered Viswalingam, a boy aged about 13, on 21-12-1953 by drowning Viswalingam in Vari Voikkal, an irrigation channel with water about 3 feet deep in Vellamperambur to rob Viswalingam of the petty jewels he wore then, two rings, M. Os. 1 and 2 and a pair of ear-rings M. Os. 3 and 3 (a). The. learned Sessions Judge convicted the accused under Section 302, I. P. C. and sentenced him to death subject to the confirmation of that sentence by this court. 2. In the absence of direct evidence to prove that it was the accused that had drowned Viswalingam in the channel, the prosecution relied oncircumstantial evidence, and also on an extra-judicial confession the accused was alleged to have made to P. Ws. 1, 3 and 8 in the village on the night of 22-12-1953 before the occurrence was reported by P. W. 1 to the karnam, P. W. 9. 3. The learned Sessions Judge, however, declined to take into consideration this extra ...