ASHOK KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants herein, namely, Ashok Kumar, Sankar and Babu (in Criminal Appeal No. 1533 of 2004) and Selvakumar (in Criminal Appeal No. 1174 of 2005) (A-1, A-3, A-4 and A-2 respectively) along with their father Chakravarti Nayinar (A-5), mother Gunasekariammal (A-7) and uncle Rajan (A-6) stood trial for commission of offences under Sections 147, 148, 341, 447, 302 read with Section 109 read with Section 149 of the Indian Penal Code (IPC), inter alia, for causing death of one Kumararaja. The accused as also the deceased Kumararaja were residents of Ammeri Village, Taluk Gingee. They had their agricultural lands in the said village. The accused were claiming share of the land belonging to said Kumararaja. They had allegedly been causing disturbances in the possession of the lands belonging to Kumararaja as a result whereof some criminal cases were pending against A-5 and A-6. A-5 and A-6 with a view to attend the said criminal cases left the village at about 6.00 a.m. on 29.10.1993. They had allegedly instructed the appellants before leaving the village to see that the deceased did not plough the land in question and if despite warning he would do so he should be killed. At about 8.30 a.m., the deceased Kumararaja went to the said land and began ploughing the same which was objected to by the appellants herein. He reported the matter to Elanchziyan (PW-1) and Devabalan (PW-2) who advised him to convene a Panchayat so that the dispute between the parties may be settled, in response whereto the deceased allegedly told them that the matter need not be referred to Panchayat as the land belonged to him. He had, therefore, requested both the said PWs to accompany him to the land in question and ask the appellants not to cause any obstruction in his ploughing the land. They complied with the said request of the deceased. Further case of the prosecution is that as soon as the deceased entered into the disputed land and tried to plough, Gunasekariammal (A-7) allegedly brought four Koduval knives and handed over each one of them to the appellants and instigated them to kill the deceased whereupon they attacked the deceased. The deceased fell down. PW-1 and PW-2 cried out seeing the incident whereupon they were also threatened. Thereafter, they ran away with the weapons. PW-1 and PW-2 came near the deceased and found Kumararaja dead. The village came within the jurisdiction of Valathi Police Station. It was situated at a distance of about 8 kms. from the village. PW-1 walked all the way to the Police Station. He reached the police station at about 11.30 a.m. At that time, Head Constable Ansar Sherif (PW-10) was present. He was although attached to Gingee Police Station, at the relevant point of time having been instructed by Inspector Mohan Doss Michael (PW-11), he was performing his duties at the Valathi Police Station. Head Constable (PW- 10) recorded the statement of PW-1. A copy of the First Information Report was sent to the Inspector (PW-11) who came to the scene of occurrence at about 12.30 p.m. In the meantime, PW-1 and PW-2 had also reached the place of occurrence. The statements of PW-1, PW-2 as also of those who were witnesses to Mahazar were recorded. Post-mortem examination on the dead body was conducted by Dr. Marimuthu (PW-9) on 30.10.1993. The following injuries were found on the dead body of the deceased: (1) Incised wound (cut wound) across the top of the head, 15'x4'.0 in deep in brain, brain incised to about 1 cm depth, subdural haematoma about 100 cc on the left parietal area. (2) Oblique incised wound in the midline of the head 8' x 2' on brain deep. (3) Oblique incised wound on the right side parental area 17' x 2' x 1-1/2' cm. (4) Antere posterior incised wound on the left side involving 7x2x1 cm. (5) Antere posterior incised would on the right side frontal area, 4x1x1 cm. (6) Cut injury with clear margin on the left hand running through distal ends of the 2, 3, 4 & 5th bones removing (amputating) 2, 3, 4 & 5th bone. Skin is attached to main part of the hand. (7) Horizontal abrasion on the left shoulder 15x1 cm. (8) Abrasion on the left side neck 4x1 cm. (9) Abrasion on the back of right forearm 2x1 cm.

(2.) According to the doctor (PW-9), the injuries were ante-mortem in nature and were possible to have been caused by a sharp-edged knife or Koduval knife. Upon completion of the investigation, a charge sheet was filed against all the accused.

(3.) Before the learned Sessions Judge, inter alia, a plea was taken that another First Information Report had been lodged in regard whereto an entry had been made in the General Diary. However, the same had not been produced. The learned Sessions Judge upon consideration of the evidences brought on record including those of the eye-witnesses, namely, PW-1 and PW-2 found the prosecution case to have been proved beyond all reasonable doubt and recorded a judgment of conviction against all the accused persons. On an appeal being preferred before the High Court, the High Court did not believe that part of the prosecution case involving A-5 and A-6 who admittedly had left the village at 6.00 a.m. on 29.10.1993 as also that of A-7 who allegedly had come to the scene and distributed the weapons to the appellants herein. They were, therefore, acquitted. During the pendency of the appeal before the High Court, A-6 expired and his appeal thus was held to have abated. The appeal filed by the appellants herein before the High Court, however, was dismissed.