Case – In re Thavamani, AIR 1943
Facts
The first accused was a gardener employed in the garden by Meenakshi (Deceased). The second accused [Thavamani] was a friend of the first accused. He needed money at the time. For that they took chain and other ornaments and gained property. The chain was sold in the market and proceeds of the sale of this portion of the chain were divided between the two accused.
Method and manner of killing were narrated by the second accused in his confession. He narrated, ―After the first attack had been made upon the deceased, he (second accused) prevented her leaving the garden and then seized her legs and held her tight while, according to the confession, the murder was completed. After she had died, the first and second accused threw the body into the well”.
Issue
Whether Thevamani (second accused) caused murder?
Contentions and Judgement
- The body, when found had marks of three punctured wounds upon the head; but those wounds by themselves, according to the doctor would not be sufficient to cause death.
- In the first stage there was the intention to cause death. They hit the woman (Meenakshi Achi) when she was in her flower garden. They thought that she had died. In reality, she was merely unconscious.
- After believing her death, they threw her into well to conceal evidence. She died in well.The second stage was in continuation of the first stage. So, he was guilty of murder.
- From the very beginning, there was an intention to cause death.
