KARTHICK ALIAS KARTHIKEYAN Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the Sessions Division, Sivagangai, made in S.C.No.157 of 2006 whereby the appellants/A-1 to A-4 stood charged under Sec.302 read with 34 of IPC, tried and found guilty as per the charge and awarded life imprisonment along with a fine of Rs.5000/- and default sentence.

(2.) The short facts necessary for the disposal of this appeal can be stated as follows: (a) P.W.1 is the husband of the deceased Pachaiammal. P.W.2 is the son and P.W.4 is the mother of the deceased. P.W.1 purchased 4 acres and 10 cents of land out of his own income, and he was constructing a small house. After digging a well, he was carrying on the agricultural operations. The field was called Ammasi forest. A-1 to A-4 tried to cut mango and tamarind trees in the field by making a rival claim pursuant to which a civil dispute was pending before the District Munsif's Court, Thiruppathur. Apart from that, at the instance of P.W.1, a complaint was given, and a case was registered under Sec.160 of IPC for affray. (b) On 8.2.2005 at about 16.30 hours, P.Ws.1 and 2 were actually working in the field, which was situate nearby their house. Pachaiammal was standing 10 feet away from the house, and P.W.4 was cutting haystack. At that time, A-1 to A-4 came over there, and A-1 was carrying an aruval, and at the instigation of the other accused, he cut her on the neck and other parts of the body while A-2 to A-4 caught hold of her. This was witnessed by P.Ws.1, 2 and 4. P.W.1 went near, lifted the body and found her dead. A-1 threw the weapon of crime namely aruval, in the nearby kanmoi, and all the accused left the place. (c) P.W.1 proceeded to the respondent police station and gave Ex.P1, the report, to P.W.12, the Inspector of Police of the Circle. On the strength of Ex.P1, P.W.12 registered a case in Crime No.6/2005 under Sec.302 of IPC. The printed FIR, Ex.P16, was despatched to the Court. Then P.W.12 took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P10, and also a rough sketch, Ex.P17. He conducted inquest on the dead body of Pachaiammal in the presence of witnesses and panchayatdars and prepared Ex.P18, the inquest report. He also recovered the material objects from the place of occurrence along with the weapon of crime which is marked as M.O.1, aruval, under a cover of mahazar. Thereafter, the place of occurrence along with the dead body were photographed. The photos and negatives are marked as M.O.6 and M.O.7 series respectively. Then the dead body was sent to the Government Hospital along with a requisition for the purpose of autopsy. (d) P.W.8, the Assistant Surgeon, attached to the Government Hospital, Valayapatty, on receipt of the requisition, has conducted autopsy on the dead body of Pachaiammal and has issued a postmortem certificate, Ex.P15, with her opinion that the deceased would appear to have died of haemorrhage and shock due to the injury to major blood vessels in the neck, and death would have occurred about 16 to 24 hours prior to postmortem. (e) Pending the investigation, A-1, A-3 and A-4 were arrested on 21.2.2005, and they were sent for judicial remand. On completion of investigation, P.W.12, the Investigator, filed the final report.

(3.) The case was committed to Court of Session, and necessary charge was framed. In order to substantiate the charge, the prosecution examined 12 witnesses and also relied on 19 exhibits and 7 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Sec.313 of Cr.P.C., as to the incriminating circumstances found in the evidence of the prosecution witnesses which they flatly denied as false. No defence witness was examined. The trial Court heard the arguments advanced on either side, and took the view that the prosecution has proved the case beyond reasonable doubt and hence found all the accused guilty as per the charge and awarded the punishment as referred to above. Hence this appeal at the instance of the appellants/A-1 to A-4. Pending the appeal, A-3 has died. Hence A-1, A-2 and A-4 are before this Court.