VENU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The sole appellant figured as accused No. 1 before the trial court. He was tried for offence punishable under Ss. 302 and 307,indian Penal Code. Three others were also tried along with him for offences punishable under S. 302 read with Ss. 34, 323 and 307, Indian Penal Code. The trial court convicted Al under S. 302, Indian Penal Code. and sentenced him to undergo imprisonment for life. He was further convicted under S. 324, Indian Penal Code. and sentenced to undergo rigorous imprisonment for three years. Both the sentences were directed to run concurrently. A2 and A4 were convicted under S. 323, Indian Penal Code. and sentenced to undergo rigorous imprisonment for one year each and A3 was convicted under S. 324, Indian Penal Code. and sentenced to undergo rigorous imprisonment for three years. All of them have preferred appeals before the High court. The Appellate court confirmed the convictions and sentences awarded by the trial court. A 1 is the appellant before us pursuant to the special leave granted by this court.

(2.) The prosecution case is that A I's father owned a theatre at the Trivandrum-Nagercoil Road. A3 and A4 are employed in that theatre. A2 is said to be the friend of A 1. On 11/7/1977 P. Ws. 1 and 2 and the deceased went to the theatre for the second show. They purchased chair tickets but took their seats in the higher class. A3 objected to the changing of their seats. This led to an altercation between P. Ws. 1 and 2 and the deceased on the one hand and accused No. 3 on the other. It is alleged that P. W. 1 slapped accused No. 3. Al, intervened and asked them not to create a row inside the theatre. After the show was over, P. Ws. 1 and 2 and the deceased then proceeded towards the west and on their way home followed by P. W. 4. At that time P. Ws. 3 and 5 were going along the road. It is alleged that all the four accused were seen standing in the road challenging the deceased and others attacked them. A took out a katari M. O. 1 from his waist and stabbed the deceased with it on his left flank and the deceased fell down. A3 went to stab P. W. 2 and P. W. 2 received an injury on the left hand. When P. W. 1 tried to wrest M. O. 1 from Al, P. W. 1 also received injuries at the hands of A I. After the occurrence the accused ran away. The injured deceased was shifted to the Hospital but he died. A report was given and the investigation was commenced. The inquest was held and the dead body was sent for post-mortem. The doctor found a wound over the back of the left side 2" below the tip of the scapula and on an internal examination he found that the injury had penetrated the skin muscles, bone (7th rib) , the pleural cavity and penetrating deep into the lungs for about 2 inches. It also penetrated the diaphragm and entered the visceral cavity, punctured the spleen to a depth of 2"' and severing the spleenic artery. The injury had penetrated through the hylem of the spleen. The injury was found to be sufficient in the ordinary course of the nature to cause death. The doctor examined P. W. I also for the injury. The accused were arrested and after completion of the investigation the charged sheet was laid.

(3.) The case rested mainly on the evidenced of the eye-witnesses P. Ws. 1 to 5 who in one voice deposed that A I stabbed the deceased This evidence has been accepted by both the courts below.