KANNAPPAN Vs. STATE

JUDGEMENT

(1.) APPELLANTS in this appeal are the accused in SC No. 52 of 1990 on the file of the Court of Session, Pudukkottai. First accused was charged and tried for an offence under Section 302 of the Indian Penal Code. Second accused was charged and tried for an offence under Section 302 r/w Section 34 of the Indian Penal Code. Learned Sessions Judge on trial found each one of the accused guilty in respect of the offences referred to above and sentenced them to undergo life imprisonment. The correctness of that judgment is called in question in this appeal by the convicted appellants. Heard Mr. A Natarajan, learned counsel for the appellants and Mr. S. Anbalagan learned Additional Public Prosecutor appearing for the State.

(2.) THE brief facts of the prosecution case can be summarised as hereunder. The deceased in this case is Chellappan. He had a dispute with the father of the first accused in respect of certain lands. The second accused had a son by name Valathan. At 4.30 PM on 3 -11 -1989 the said Valathan was grazing cattle in the disputed land, referred to above. The deceased also brought his cattle at, that time to the same place. Finding that Valathan was grazing the cattle in the disputed land, the deceased questioned him as to why he is allowing his cattle to graze in the disputed land. This was followed by a wordy quarrel between the two. PW 2 was also grazing his cattle in a close -by place. Hearing the quarrel between the deceased and Valathan, PW 2 came running there. She saw in the disputed land, the first accused sitting on the chest of the deceased and stabbing him. She also saw the second accused holding the legs of the deceased. PW 1 also came running to the scene after hearing the noise and saw the first accused stabbing with a knife on the chest of the accused. He thereafter, pushed aside the first accused from the person of the deceased. Other witnesses also came to the scene of occurrence. PW 1 and Adhimoolam carried the injured to the house of Adhimoolam. While they were on their way, they sprinkled water on the face of the injured and they noticed that the injured was dead. Thereafter, the body of the deceased was brought by PW 1 and Adhimoolam and laid in the house of Adhimoolan. PWs. 1 and 2 went to PW 5, the Village Administrative Officer at Arimanam village before whom PW 1 gave a statement. PW 5 recorded that statement read it over to PW 1 and then got his signature. PW 2 also signed as a witness. PWs. 1, 2, 5 and the village menial went to the scene of occurrence and thereafter, they also went to the house of Adhimoolam in the village where they observed the dead body of Chellappan. PW 5 thereafter with the help of a petromax light went to the scene of occurrence. He also observed the place where the injured Chellappan was kept in the land and noticed the blood stains with the help of the petromax light. Thereafter, a complaint was laid with PW 8 the Sub -Inspector of Police. Alangudi Police Station by the village menial. PW 8, the Sub -Inspector of Police received Ex. P.1 at 9 PM and registered a case in Cr. No. 379 of 1989 for an offence under Section 302 of the Indian' Penal Code. Ex. P. 9 Is the printed first information report. He sent the material records through police Constable Perumal to the Court as well as to the higher officials. At 9.30 PM, the investigating officer who had gone out on some other work came back to the police station to whom was handed over Ex. P.9. On receipt of Ex. P.9 PW 12, the investigating officer went to the scene village at 10.30 PM. He visited the house of Adhimoolam and observed the dead body. Thereafter, he went to the scene of occurrence and in the presence of witnesses prepared Ex. P.6 observation mahazar and drew a rough sketch Ex. P. 16. With the help of the photographer, he caused the body as well as the scene of occurrence to be photographed. MOs. 2, 3 and 19 were recovered by him under a mahazar Ex. P. 7 in the presence of PW 5 and another. Between 11.45 PM and 4 A.M. the investigating officer conducted inquest over the dead body of Chellappan. Ex. P. 17 is the inquest report. At that time, he recovered MOs. 1 and 4 produced by the mother of the first accused under a mahazar EP. P.8 in the presence of witnesses. PW 12 then sent the dead body with a requisition Ex. P.4 through PW 7 for conducting post -mortem. Alongwith the dead body he sent mat pillow and MO 1. He appointed PW 10 as a Special Officer to trace and arrest the accused.

(3.) ABRASION of 6 cm x 4 cm on the back at right scapula and close to the spinal cord. On dissection of the first wound corresponding punctured wound piercing the 5th intercostal space left side chest with clotted blood surrounding on opening the thorax corresponding punctured wound traversing the edge of the lower lobe of left lungs. Corresponding punctured wound at the left auricle, at its middle end pericardium. The thoracic cavity contains of about 2 mitres of dark coloured fluid blood. The pericordium and heart soaked with altered dark coloured fluid blood. Internal Examination Hyoid bone Intact. Heart weight 200 gms. Pale: Chambers empty, Lungs right 500 Gms. Left 450 gms. Pale. Stomach with partially digisted (rice) food particles, Liver 1500 Gms. Pale. Spleen 180 Gms. Pale, Kidnyes, right and left 180 Gms. Small and large intestines, distended with Gas. Bladder empty pale Skull bone intact. Brain and its coverings intact. 1500 Gms. Weights, Spinal cord intact. " PW 4 was of the opinion that the deceased would appear to have died due to shock and haemorrhage due to penetrating of left auricle of the heart about 18 hours prior to post -mortem. P.W. 7 after completion of post -mortem, recovered MOs 11 to 14 from the dead body and handed over the same at the police station. On 8 -11 -1989 PW 10 produced the accused before PW 12. At that time, the first accused was examined in the presence of witnesses. MOs. 15 and 16 from the first accused was recovered under Form 95. The second accused was examined and MOs. 17 and 18 were also recovered. At that time, the first accused complained that he received an injury during the course of the occurrence and he was sent to PW 3, the Medical Officer. PW 3, the Medical Officer examined the first accused and issued Ex. P.3, wound certificate. The Doctor noticed a healed abrasion over the inner side of left pinna, scab seen over the wound. The Doctor was of the opinion that the injury is, simple in nature. The accused was thereafter sent for judicial remand. The case properties were requested to be sent for chemical examination by the investigating officer by his request Ex. P.10. A requisition was given to the Magistrate to record the statements of PWs. 1 2 and 3 under Section 164 of the Code of Criminal Procedure. After examining the medical witness as well as other witnesses and completing the investigation the investigating officer filed his final report against the accused for the offences referred to earlier. 4. When the accused were questioned under Section 313 of the Code of Criminal Procedure they denied their complicity in the crime. They also added that the witnesses are giving false evidence. Each one of the accused have filed a written statement in addition to their answers in the statement recorded under Section 313 of the Code of Criminal Procedure. The sum and substance of their respective statement is as follows: "The deceased was stabbed by his sister's husband Mudhaliappan and he died only on account of that injuries. Adhimoolam Konar, in whose house the occurrence took place informed the accused about the dead body being, kept in his house. The accused were shocked "On receiving that news. Adhimoolam went to the police station and brought the police. At 9.30 PM, the police arrived and they observed the dead body. The Panchayat, Board President and the past Panchayat Board President and all others, who were inimical towards the family of the accused, were called together and there was a deliberation among them selves in the presence of police. The accused were asked to stay in their house. Thereafter, the accused were taken to the police station at 3 A.M. on the following morning and they were told that it is they who killed the deceased Chellappan and that they must accept the same. The accused denied. They were kept at the police station till 8 -11 -1998 and then produced before the Court. The accused are innocent and they have nothing to do with the offence.