SELVAKUMAR Vs. T.N. STATE

JUDGEMENT

(1.) The Appellant herein (A-1) was charge sheeted and tried along with one Rajamani (A-2) for alleged murder of Rajesh (deceased), a five years old son of Rajamani. Rajamani was married to Murugesan (PW-3) and out of this wedlock they had two children, the deceased and a girl aged two and a half years. The Appellant had developed intimacy with Rajamani. One day Rajmani left the matrimonial house and went with the Appellant along with her children. However, after sometime she came back to her matrimonial house but left again and start living with the Appellant. She had taken her children this time as well. In the year 2006, when this occurrence in question happened, both the Appellant and Rajamani were employed in a rice mill which was owned by Subramani (PW-7). On 04.09.2006, at about 5 p.m., the Appellant sent Rajesh (deceased) to purchase beedi from a nearby shop. For this, he gave some money to Rajesh. Rajesh purchased the beedi and came back to the Appellant and handed over the beedi so purchased. Appellant demanded balance amount. Rajesh told him that he had purchased a chocolate from the balance amount and therefore no money was left. The Appellant got infuriated and wild and, according to him, gave a slap to Rajesh. Rajesh fell down. When Rajamani returned, she took the child to a private clinic of PW-13. The said doctor advised her to take the child to a Government hospital since his condition was serious. On reaching a Government hospital in Salem, when the child was examined, he was pronounced dead.

(2.) Rajamani then proceeded to Thondamanthurai. On 05.09.2006, at about 9.30 a.m., she met the Village Administrative Officer (PW-1) and gave a statement narrating the entire incidence. She accused the Appellant for killing Rajesh. This statement was recorded by PW-1 and the recorded statement was presented to the Sub-Inspector of Police, Arumbavur. On the basis of this statement, FIR No. 133/2006 was registered Under Section 302 of the Indian Penal Code (IPC). The matter was investigated and during the investigation, Rajamani was also found to be a suspect. She was arrested as well. She came forward to give a confessional statement which was recorded on 06.09.2006. Thereupon, the Appellant was also arrested and he also gave his confessional statement in which he admitted that he had slapped the boy under the circumstances already narrated above. Challan was filed in the court, various witnesses were examined and on that basis, the trial court found that charge Under Section 302 Indian Penal Code was made out and guilt of both the accused persons was established. He thus, awarded life imprisonment to both the Appellant as well as Rajamani and also imposed fine of Rs. 1,000/- and in default directed that they would undergo six months RI. Both the convicts filed the appeals challenging the correctness of the judgment of the trial court. The High Court has allowed the appeal of Rajamani and acquitted her. Insofar as the Appellant is concerned, his conviction and sentence is maintained.

(3.) Learned Counsel for the Appellant very fairly stated that he was not challenging the events in the manner it took place and recorded above. His only plea is that the story of prosecution that Appellant had strangulated the deceased is totally incorrect and there is not evidence worth the name to substantiate this. He pointed out that the deceased Rajesh was suffering from Epilepsy disease and as a result of the Appellant's slapping on his face, he had died primarily because of the disease he was suffering from as the death could not be the result of one slap. For this purpose, he has taken us through the post mortem report and the evidence of Doctor V. Sekar (PW-14) who had conducted the post mortem. We have gone through the said report. It shows following wounds on the dead body:-