S. SUBBULAXMI Vs. KUMARASAMY & ORS.

JUDGEMENT

(1.) Aggrieved by the judgment dated 22nd March, 2005 passed by the High Court of Judicature at Madras in Criminal Appeal No. 619 of 1997, the appellant (complainant) filed the present appeal. By the judgment impugned herein, the High Court has set aside the order of conviction passed by the trial Court for the offences under Sections 34, 302 and 506(II) Indian Penal Code, 1860 (IPC) and acquitted the accused.

(2.) Brief facts leading to this appeal as discerned from the prosecution case are that the members of victim as well as accused groups are closely related to one another. S. Subbulaxmi who is the appellant/complainant is the wife of the deceased-Subramani. Respondent No 1 (A1) and Respondent No. 3 (A3) are husband and wife. Respondent No. 2 (A2) is the cousin brother of Respondent No.1 (A1). Respondent No. 3 (A3) is sister of the deceased-Subramani. Govindswamy (DW2) is the father of A1. An amount of Rs. 40,000/- was handed over to the father of deceased at the time of marriage of appellant with the deceased and the same was deposited in a bank in the names of appellant and the deceased. The father of deceased wanted his son (deceased) and daughter-in-law (appellant) to lend an amount of Rs. 40,000/- for the purpose of purchasing some agricultural land in the names of his son-in-law (A1) and his father (DW2). It appears that there was an oral agreement between the deceased and his father to the effect that in exchange of Rs. 40,000/-, father of the deceased will transfer three acres of land to his son. After some time, the father of deceased, instead of transferring the promised three acres of land to his son, leased out the same to the father of A1, giving way to strained relations between the deceased and his brother-in-law (A1) which further aggravated when the deceased started cultivating paddy in the land leased out to the father of A1. Thus, it appears there was a dispute between the parties in respect of this piece of land.

(3.) In the evening hours of 15th September, 1994, the appellant while cutting grass in her field saw the respondents (A1 to A3) working in a nearby field who created a commotion by saying to each other that they are not going to spare the appellant's husband Subramani (deceased) since he beat DW 2 (father of A1). Soon thereafter, respondent No. 1 (A1) left the field carrying an iron rod used for removing coconut husk, along with A2 and A Worried by their aggression, appellant/ complainant herein followed them, on the way she met PWs 2 and 3 and all of them (Pws 1, 2 & 3) followed the accused party, and at the place of occurrence they saw DW2 sitting on the road and husband of the appellant (deceased) standing at some nearby place. On seeing the deceased, A1 ran towards him and attacked with the iron rod giving a blow on his head and stabbed on the left cheek. A2 and A3 also picked up some cart twigs and continuously attacked on the legs and hands of the deceased. After beating the deceased with iron rod and cart twigs, all the accused threw away their arms and left the scene of offence. After that, PW1 with the help of PW2, took her husband to the Government Hospital, Erode in a taxi where the Doctor (PW10) declared him dead, and informed police. Sub-Inspector of Chennimalai Police Station (PW9) visited hospital, recorded the statement of PW1 (Ext.P1) and registered the same as Crime No. 398/94. Meanwhile, one Ponnusamy (not examined) got admitted father of A1 (DW2) in the same Government Hospital at Erode. The same Doctor who had examined the deceased also examined DW2. Later on, PW9 recorded DW2's statement and registered Crime No. 399/94 against the deceased and undertook investigation in both the cases. The inquest was conducted on the next day and the dead body of the deceased was sent for postmortem. I.O. seized bloodstained iron rod, cart twigs, bloodstained and normal earth and recorded statements of the doctors. The accused were arrested on 17th September, 1994 from a bus-stand, blood stained dhoti and shirt worn by A2 were seized. All the material objects were sent for chemical analysis. The investigation in Crime No. 399/94 was continued for about three months and finally the proceedings were dropped by PW11 - Inspector of Police for the reason that the accused in that case has already died on 15-09-1994.