STATE Vs. RATHINAM

JUDGEMENT

(1.) The respondents in this appeal are accused 1 to 3 in Sessions Case No. 187 of 1989 on the file of the II Additional Sessions Judge, Salem and they were tried for the following offences: Accused 1 and 2 were charged for an offence punishable under Section 148 of the Indian Penal Code as well as for an offence punishable under Section 302 read with S. 34 of the Indian Penal Code and against the third accused there was a charge for the offence punishable under Section 147 of the Indian Penal Code and also for the offence punishable under Section 302 read with S. 34 of the Indian Penal code. The learned Sessions Judge by judgment dated 30-3-1990 acquitted all the accused of the offences. The State has challenged that judgment of acquittal in this appeal. Heard Mr. V. R. Balasubramanian, the learned Government Advocate appearing for the appellant/State and Mr. K. V. Sridharan, learned counsel for the respondents/accused.

(2.) The brief facts of the prosecution case can be summarised as hereunder : P.W. 1 is the mother of the deceased in this case whose name is Murugan. The deceased was employed as a driver in Anna Transport Corporation, Salem. P.W.1, the deceased and the other family members are residents of a village called Saminaickenpatty in Omalur Taluk. Accused 1 and 2 are brothers. The third accused is the wife of the first accused. The third accused had two young children called Senthil and Subash. They are aged about eight and seven years respectively. P.W. 1 and her son Murugan, the deceased in this case were in possession and enjoyment of a poramboke land and regarding that there was a dispute at the instance of the accused claiming a right to enjoyment and possession to the said property. Later on, though deceased Murugan had given up his claim in respect of that land, yet there was a misunderstanding and enmity between the accused and the family members of the deceased including P.W. 1. Six months prior to the occurrence there was a quarrel in the school, where the children of accused 1 and 3 and the children of the deceased were studying. The matter was taken up to the police and was sorted out. Thereafter, ten days prior to the date of occurrence proper in this case there was an incident in the village. In that incident some of the relatives of the accused sustained injuries, which resulted in a complaint against the deceased in this case and others. On 17-5-1988 i.e. a day prior to the date of occurrence proper in this case there was another incident in the village Saminaickenpatty. In that incident also the relatives of the accused sustained injuries and a complaint was lodged with the police against the deceased and others. The occurrence proper in this case had taken place on 18-5-1988 in the evening. Even on that morning there was an incident in which the parents of accused 1 and 2 and the wife of the second accused by name Palaniammal sustained injuries, which had resulted in a complaint against the deceased and others before the police. P.W.1 Palaniammal (mother of the deceased) had sustained fracture in her leg when she accidentally fell down. She was admitted as an in-patient in the Government Hospital at Salem and she was in the hospital on 18-5-1988 in the Female Surgical Ward. As already stated in the incident that took place on the morning of 18-5-1988 some of the persons in (from) the accused side were injured. They were taken to the Government Hospital, Omalur, where they were initially treated by P.W. 8, the Civil Assistant Surgeon. The wound certificates for those injured are Exs. P. 10 to P. 12 issued by P.W. 8. Since P.W. 8 was of the opinion that the injured deserved better treatment, all the injured in that case were transferred to the Headquarters Hospital at Salem. P.W. 9, the Duty Medical Officer at the Government Hospital, Salem admitted those injured persons in the hospital as in-patients at 12.00 noon on that day, namely on 18-5-1988. Therefore it is clear that on 18-5-1988 P.W. 1 was in the Female Surgical Ward, Government Hospital, Salem and the injured belonging to the accused group were also admitted in the very same hospital, but in a different ward. At 4.45 p.m. on 18-5-1988 Murugan, the deceased in this case, had come to see his mother, P.W. 1. He was talking with her sitting on the bed side. Accused 1 and 2 entered that ward with knife. Accused 1 stabbed the deceased on his stomach resulting in a bleeding injury. Murugan, after sustaining that injury raising an alarm tried to escape from that place by running away. However, as he was running away he tumbled over the steps and fell down in front of the ward. Accused 1 and 2 chased him and after Murugan fell down, accused 1 and 2 overpowered him and repeatedly attacked on his face and hands. The third accused is stated to have caught hold of the head of the deceased while the juvenile accused Subash and Senthil are stated to have caught hold of the legs of the deceased-Murugan by pressing them with their hands. P.W. 2 is the grand-son of P.W.1. He was also on a courtesy visit to the hospital in the evening. As he was entering into the ward he saw his uncle, namely Murugan, coming running in the opposite direction with bleeding injuries. He also saw Murugan falling down at the steps and accused 1 and 2, thereafter, stabbing him indiscriminately. He would also state that the third accused and the juvenile accused Subash and Senthil participated in the occurrence as mentioned earlier. After inflicting the injuries all the accused ran away. P.W. 2 went near his uncle, who was lying with injuries. The hospital staff carried the injured to the emergency ward. However, the doctor on seeing him pronounced him dead and thereafter the body was taken to the mortuary. P.W. 2, thereafter, went to P.W. 1 and told her as to what he had seen. P.W. 3 is an Assistant Trainee Nurse of the Government Headquarters Hospital at Salem. She was on duty in the Female Surgical Ward at the relevant time. She saw a commotion in front of the ward, however, she was not able to identify either the assailants or the injured. Therefore she was treated as hostile. P.W. 4 is a resident of Kannankurichi village. His evidence also shows that he was admitted as an in-patient in the same hospital in connection with a medico-legal case. He was admitted as an in-patient in the Male Surgical Ward, which is situated just opposite to the Female Surgical Ward, where P.W. 1 was admitted as an in-patient. At 4.45 p.m. on 18-5-1988 he was returning to the ward after taking tea from a tea stall and while he was coming near the Female Surgical Ward, he saw Murugan, the deceased in this case, whose name he came to know subsequently, running away from the Female Surgical Ward and while running he fell down on the steps of the Female Surgical Ward. He saw the injured Murugan being stabbed repeatedly with knife by accused 1 and 2. His evidence also shows that a lady (third accused) caught hold of the deceased and two young boys were holding the legs of the deceased.

(3.) P.W. 12 is the Sub-Inspector of Police in the Police Outpost Government Head Quarters' Hospital at Salem. At about 5.00 p.m. on 18-5-1988 he received a telephone message about the occurrence and immediately rushed to the scene of occurrence to find that a person, who had been assaulted by the assailants with knife, had been taken to the emergency ward. He proceeded to the bed of P.W. 1 on being informed that she is the mother of the victim in this case. He sent the Head Constable to secure the accused and the Head Constable returned stating that he was not able to catch any of the accused. P.W. 12 obtained a statement from P.W. 1 with regard to what happened and Ex. P.1 is the statement recorded by P.W. 12 from P.W. 1. That statement was registered in Crime No. 9/88 at his police station for an offence punishable under Section 302 of the Indian Penal Code. Thereafter, P.W. 13, the Inspector of Police was informed. P.W. 13, after receipt of the information, proceeded to the scene of occurrence at 6.00 p.m. and reached the Female Surgical Ward. At 6.15 p.m. he examined P.W. 1. He found the dead body in the mortuary. P.W. 13 found blood-stains on the ground and also on the tar portion of the road. He prepared Ex. P. 3 observation mahazar. He also recovered two pairs of chappals, blood-stained tar portion of the road and sample earth, M.Os. 3 and 4 under Ex. P. 2 mahazar attested by P.W. 5 and another. He also conducted inquest over the dead body of the deceased, during which he examined P.Ws. 2, 3 and others. Ex. P. 18 is the inquest report. P.W. 11 is the Sub-Inspector of Police, Omalur Police Station. He knew the accused, P.W. 1 and the deceased. According to him there was some misunderstanding between the family of the accused on the one side and the family of the deceased on the other side and petitions were given by both sides against each other on a number of occasions and they were enquired into and dealt with in accordance with law. According to him even on the previous night to the date of occurrence in this case there was an incident in which some of the relatives of the accused have sustained injuries and a case has been registered against the deceased and others. Hence P.W. 11 was investigating the crime in that incident. Even on the morning of 18-5-1988, there was an incident in which the parents of accused 1 and 2 and the wife of the second accused were all injured. The injured in that incident were treated by P.W. 8, the doctor at the Government Hospital, Omalur and therafter, they were referred to the Government Hospital, Salem for further and better treatment. That case has been registered against the deceased and others.