VANKAT SALUM Vs. STATE

JUDGEMENT

(1.) INITIALLY , there were two appellants in this appeal which is directed against the judgment dated 30.07.1994 delivered in Sessions Case No.7/1992 by the learned Additional Sessions Judge as also against the order on sentence dated 06.08.1994. The initial appellants were convicted under Sections 302/34 of the Indian Penal Code (hereinafter referred to as 'IPC '). By the said order of sentence, they were sentenced to life imprisonment and fine of Rs. 1,000/ - each. During the pendency of the appeal, the second appellant (C.K. Manikum) passed away on 04.05.1997 and consequently the appeal insofar as he is concerned stands abated. This is so recorded in the order dated 21.11.2008.

(2.) THE prosecution case is that on 09.08.1991, a fight is alleged to have taken place in the night intervening the 9th and 10th August, 1991 between the surviving appellant Vankat Salum and C.K. Manikum and one Maniappam. In that tussle, it is alleged that stones were thrown and incidentally the door of the deceased Rama Swami who lives nearby was broken. It is further the case of the prosecution that the next day the deceased had a conversation with Vankat Salum and C.K. Manikum and told them to repair the door. In the evening at about 8.00 or 8.15 p.m. on that day, i.e., 10.08.1991, Vankat Salum and C.K. Manikum are alleged to have come to the residence of the deceased Rama Swami and it is alleged that they started abusing him. The quarrel between them was put to an end at the intervention of Rama Swami 's son -in -law (K. Ramu) and his daughter Laxmi. It is the case of the prosecution that after some time Rama Swami was ready to retire for the night. Rama Swami used to sleep at the E -Block Market. While he was going towards E -Block Market, Vankat Salum pushed Rama Swami from behind as a result of which he fell down and when he tried to get up Vankat Salum caught hold of Rama Swami 's hair and struck his head twice against the surface of the street. Thereafter, C.K. Manikum is said to have picked up a big stone lying nearby and hit the same on the chest of the deceased Rama Swami who was lying on the street. The said stone is alleged to have been hit twice on the chest and the deceased Rama Swami apparently died on the spot. Thereafter, Vankat Salum and C.K. Manikum are alleged to have run away from the spot.

(3.) OF course, the trial court also sought corroboration from the medical evidence as given by PW -6 (Dr L.T. Ramani) who conducted the post mortem on the dead body of the deceased Rama Swami. The injuries found on the deceased Rama Swami were co -related with the testimony of PW -1 (Smt. Laxmi) and, therefore, the court concluded that there was sufficient corroboration and convicted the appellant and C.K. Manikum under Sections 302/34 IPC for the murder of the deceased Rama Swami.