KRISHNAMOORTHY Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is preferred by Accused 3 and 4 against the judgment dated 17.6.2004 of the Madras High Court dismissing Criminal Appeal No. 273 of 2001 filed by accused 1 to 4 against the judgment dated 28.2.2001 passed by the Addl. Sessions Judge, Vellore in Sessions Case No. 187 of 1998.

(2.) The prosecution case in brief is that the deceased-Dhanabagyam, a resident of Thippasamudram Village, went to her groundnut field on 5.10.1996. Mahadevan (PW-2) who was doing some work in a nearby field heard some noise in Dhanabagyam's field and saw A-1 (Vijayan) running from that field. PW-6 (Manavalan) who also belonged to Thippasamudram village, while going towards Kuchipalyam on a bicycle at about 12 Noon, saw two persons, each holding a stone running from east to west. He also saw two others running from West to East. At that time, he did not know that any mishap had occurred. At about 2.30 p.m., Suresh Kumar (PW-1), son of the deceased, went to the field with food for his mother. As he did not find her, he shouted her name and searched for her. As he could not find her, he came back to the house and searched for her. Thereafter around 4 to 4.30 p.m., he went back to the field along with one Padma (who was from the neighbouring field) and again searched for her mother. Then he found his mother lying dead on her back in the portion of the field containing some Toor (Thuvarai) plants. He noticed head injuries and blood oozing out. He also noticed that her Mangalsutra and ear-rings were missing. The bruise marks caused by snatching/pulling the Mangalsutra were visible on her neck and her ear was torn. He informed the incident to the villagers and thereafter the Pallikonda Police Station. On the strength of the complaint (Ex. P. 1), the Inspector of Police, Pallikonda-Jothimani (PW-13) registered the First Information Report and took up investigation. In the presence of PW-3 and Subramani, he prepared an observation mahazar Ex.P.2 and rough sketch (Ex.P.22). Inquest Report was prepared as per Ex.P.31 and statements of some witnesses were also recorded. In the meanwhile, at about 5 p.m., while returning to the village, PW-6 learnt about the incident and saw the body. PW-6 went to Bangalore on the same day, and returned after four days and was questioned by the police. He told them about the four persons he saw on the day of the incident near the field of the deceased and that he knew them as they were from the neighbouring village.

(3.) Dr. Chandra (PW-8) attached to Government Hospital, Vellore, performed autopsy on the dead body on 6.10.1996 and recorded the following injuries on the body of Dhanabagyam :- (1) A lacerated bone-deep wound extending from the left parietal region upto the right ear - 15 cm x 2.3 cm. (2) A lacerated bone-deep wound over the occipital region on the left side 4 cm x 2 cm. (3) A lacerated wound on the left side of the neck 4 cm x 1 cm. (4) A lacerated wound on the back of the left ear 2 cm x 1 cm. (5) Multiple irregular wounds on both the earlobes. (6) Ligature mark 3 mm breadth around the neck with small multiple irregular abrasions over the back of the neck and contusion of the tissues underneath. Thyroid bone normal. He also found blood clots present beneath the scalp and a linear fracture 2.5 cms over the left parietal bone; and on opening the skull, he found blood clots over the surface. PW-13 issued a post-mortem certificate (Ex.P. 18) and opined that Dhanabagyam had died of shock and haemorrhage due to head injuries.