SARAVANAN Vs. STATE OF PONDICHERRY

JUDGEMENT

(1.) The present appeal by special leave is directed against the judgment and order dated October 20, 1998 passed by the High Court of Judicature at Madras in Criminal Appeal No. 688 of 1991 confirming the order dated September 30, 1991 of the Principal Sessions Judge, Pondicherry in Sessions Case No. 12 of 1991 convicting accused Nos. 1, 3 and 4 for an offence punishable under Section 304, II read with Section 34 of the Indian Penal Code ("IPC" for short) and directing all of them to undergo rigorous imprisonment for two years.

(2.) Briefly stated, the prosecution case was that on June 3, 1990 at about 9.50 p.m. after closing the exhibition stall PONTEX, deceased Nadamuni, PW1 Subramanian, PW2 Thagavel, and their co-workers Ramalingam and Mohan were going on their cycles on Pondy-Villianur Road and took a turn in the round tanna at the junction of Cuddalore Road. Just at that time, Saravanan (A3) and Natarajan (A4) - appellants herein, came on a cycle from Cuddalore Road, that is from South to North and they dashed against the cycle of Ramalingam (PW1). Saravanan (A3) then abused Ramalingam (PW1) in filthy language. Notwithstanding abuses, PW1, PW2 and the deceased proceeded towards West on Pondy-Villianur Road and as they were nearing Swadeshi Cotton Mills, A3 and A4 came on the northern side of the road in the wrong direction from east to west near the main gate of Swadeshi Cotton Mills where there was a passage in the barricade for the pedestrians for crossing the road. Through that passage, A3 and A4 came near the complainant party and picked up a quarrel. The accused left the cycle on the other side of the road. It was alleged that A3 fisted PW1 on his cheek and pelted a stone at him which caused injury to PW1. PW2 came to his rescue, but he was also assaulted by A4. At that time, A1, A2, A5 and A6 came to the spot and A1 used violence on deceased Nadamuni. It was alleged that due to beating, deceased Nadamuni fell down on his back and sustained bleeding injuries. Seeing the same, the accused ran away. Nadamuni was shifted to hospital and within half an hour of his admission in the hospital, he died. PW14, Ravikumar, SI, Pondicherry obtained a complaint (Ex. P1) from PW1 and registered a case being Crime No. 147 of 1990 under Sections 147, 341, 323, 302 read with Section 149, IPC against A1 to A6. An inquest over the dead body of Nadumani was conducted and the body was sent for post-mortem. PW11 Dr. Balaraman conducted the autopsy and found on the person of the deceased Nadamuni one abrasion of 1.5 c.m. x 1 c.m. over forehead near hair margin, 2 cms to the left of mid line; one contusion of 4 x 3 cm. over the inner aspect of right fore-arm; one multiple small abrasion over right knee joint; one abrasion of 1 x 1 cm. over left knee joint. Transversely placed lacerated injury of 5 x 1 cm. bone deep present over back of head in the mid-line. According to his report, the patient died of head injury. He opined that the injuries found on the dead body were ante-mortem in nature and were possible if the victim fell on rough surface. He also stated that injury No. 5 (head injury) was sufficient to cause death in the ordinary course of nature.

(3.) All the accused were charged for commission of offences punishable under Sections 147, 323, 341, 302 read with Section 149, IPC. Taking note of concession by the learned Public Prosecutor, that there was no evidence against A2, A5 and A6, the trial Court acquitted them. With regard to A1, A3 and A4, the trial Court observed that the evidence of PW1 showed that A3 and A4 dashed against his cycle near Venkata Subba Reddiar statue, but ignoring that conduct, PW1, PW2, deceased Nadamuni and others proceeded towards west. A3 and A4 gained entry through the wicket gate in the barricade on the southern side of the road leading east to west and prevented PW1 from proceeding further. A3 fisted on PW1s jaw. A3 and A4 assaulted PW1 and PW2 and A1 joined them and assaulted Nadamuni on his abdomen who fell down on the road with his face upwards and sustained bleeding injury on the back side of his head. According to PW11, Dr. Balaraman, injury No. 5 sustained by deceased-Nadamuni was sufficient to cause the death in the ordinary course of nature. He further opined that the injury could have been caused by a fall on the rough surface with the face upwards. PW1 and PW2 also stated that the deceased was assaulted by A1. The Trial Court observed that as there was no motive to cause death of deceased- Nadamuni as conceded by the Public Prosecutor, no offence under Section 302 IPC was made out. Hence, the trial Court convicted A1, A3 and A4 for the offence punishable under Section 304, II read with Section 34, IPC and sentenced them accordingly.