JEGAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional District and Sessions Judge, Fast Track Court No.V, Chennai made in S.C.No.42 of 2010 whereby the accused/appellants, seven in number, stood charged, tried and found guilty and awarded punishments as follows: Accused Charges Findings Sentence A-1 Sections 148, 452, 302 I.P.C. and Section 3 of TNPPD & L Act r/w 149 I.P.C. and 506(ii) I.P.C. Guilty 1 year R.I. and to pay a fine of Rs.500/- in default to undergo 3 months R.I. 3 years R.I. and to pay a fine of Rs.1,000/- in default to undergo 3 months R.I. Life imprisonment and to pay a fine of Rs.5,000/- in default to undergo 6 months R.I. 1 year R.I. and to pay a fine of Rs.1,000/- in default to undergo three months R.I. 1 year R.I. And to pay a fine of Rs.500/- in default to undergo one month R.I. A-2 Sections 148, 452, 302 r/w 149 I.P.C. and Section 3 of TNPPD & L Act r/w 149 I.P.C. and 506(ii) I.P.C. Guilty 1 year R.I. and to pay a fine of Rs.500/- in default to undergo 3 months R.I. 3 years R.I. and to pay a fine of Rs.1,000/- in default to undergo 3 months R.I. Life imprisonment and to pay a fine of Rs.5,000/- in default to undergo 6 months R.I. 1 year R.I. and to pay a fine of Rs.1,000/- in default to undergo three months R.I. 1 year R.I. and to pay a fine of Rs.500/- in default to undergo one month R.I. A-3 Sections 148, 452, 302 r/w 149 I.P.C. and Section 3 of TNPPD & L Act r/w 149 I.P.C. and 506(ii) I.P.C. Guilty 1 year R.I. and to pay a fine of Rs.500/- in default to undergo 3 months R.I. 3 years R.I. and to pay a fine of Rs.1,000/- in default to undergo 3 months R.I. Life imprisonment and to pay a fine of Rs.5,000/- in default to undergo 6 months R.I. 1 year R.I. and to pay a fine of Rs.1,000/- in default to undergo three months R.I. 1 year R.I. and to pay a fine of Rs.500/- in default to undergo one month R.I. A-4 Sections 148, 452 r/w 149, 302 r/w 149 I.P.C. and Section 3 of TNPPD & L Act r/w 149 I.P.C. and 506(ii) I.P.C. Guilty 1 year R.I. and to pay a fine of Rs.500/- in default to undergo 3 months R.I. 3 years R.I. and to pay a fine of Rs.1,000/- in default to undergo 3 months R.I. Life imprisonment and to pay a fine of Rs.5,000/- in default to undergo 6 months R.I. 1 year R.I. and to pay a fine of Rs.1,000/- in default to undergo three months R.I. 1 year R.I. and to pay a fine of Rs.500/- in default to undergo one month R.I. A-5 Sections 148, 452 r/w 149, 302 r/w 149 I.P.C. and Section 3 of TNPPD & L Act r/w 149 I.P.C. and 506(ii) I.P.C. Guilty 1 year R.I. and to pay a fine of Rs.500/- in default to undergo 3 months R.I. 3 years R.I. and to pay a fine of Rs.1,000/- in default to undergo 3 months R.I. Life imprisonment and to pay a fine of Rs.5,000/- in default to undergo 6 months R.I. 1 year R.I. and to pay a fine of Rs.1,000/- in default to undergo three months R.I. 1 year R.I. and to pay a fine of Rs.500/- in default to undergo one month R.I. A-6 Sections 148, 452 r/w 149, 302 r/w 149 I.P.C. and Section 3 of TNPPD & L Act r/w 149 I.P.C. and 506(ii) I.P.C. Guilty 1 year R.I. and to pay a fine of Rs.500/-in default to undergo 3 months R.I. 3 years R.I. and to pay a fine of Rs.1,000/- in default to undergo 3 months R.I. Life imprisonment and to pay a fine of Rs.5,000/- in default to undergo 6 months R.I. 1 year R.I. and to pay a fine of Rs.1,000/- in default to undergo three months R.I. 1 year R.I. and to pay a fine of Rs.500/- in default to undergo one month R.I. A-7 Sections 148, 452 r/w 149, 302 r/w 149 I.P.C. and Section 3 of TNPPD & L Act r/w 149 I.P.C. and 506(ii) I.P.C. Guilty 1 year R.I. and to pay a fine of Rs.500/- in default to undergo 3 months R.I. 3 years R.I. and to pay a fine of Rs.1,000/- in default to undergo 3 months R.I. Life imprisonment and to pay a fine of Rs.5,000/- in default to undergo 6 months R.I. 1 year R.I. and to pay a fine of Rs.1,000/- in default to undergo three months R.I. 1 year R.I. and to pay a fine of Rs.500/- in default to undergo one month R.I.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows: (i) P.W.1 is the daughter-in-law and P.W.2 is the son of the deceased Silormani. THEy were residing at Door No.73, S.S.Puram Main Road, Purasaiwalkam, Chennai - 7 situate within the jurisdiction of the respondent police. P.Ws.3 and 7 are the sons and P.W.5 is the daughter of the deceased. P.W.4 is the granddaughter of the deceased and P.W.6 is the neighbour of the deceased and the accused/ appellants were residing nearby to the house of P.Ws.1 and 2. On 20th of May, 2009 there was a quarrel between the deceased and one Neelavathy, mother of the first accused with respect to fetching of water from the public pipe, regarding which, they were on enimical terms and there was exchange of words between them. At the time of quarrel, Neelavathy gave out that she would see to the dispute after the arrival of her son. On 23.05.2009 at about 11.30 p.m., A1 to A3/appellants 1 to 3 came to the house of P.W.1. A1 broke the tube light with the help of iron rod. A3 was in possession of knife. A2, A4, A6 and A7 were in possession of wooden clubs. A3 with the use of knife, threatened them to cause death. A4, A5 and A7 broke the auto and it was questioned by the deceased Silormani. Immediately, they broke the television in the house of P.W.6. A4 to A7 assaulted P.Ws.3 and 4 with wooden clubs. When the deceased shouted, A1 to A3 questioned her as to why she was shouting and A1 with the use of iron rod, attacked on the head of the deceased and A2 kicked the deceased with leg. THEreafter, all of them ran away from the place of occurrence. P.Ws.1 and 2 took the deceased to the Government General Hospital, where she was medically examined by P.W.14 Doctor. Ex.P21 is the copy of the accident register given by P.W.14. P.Ws.3 and 4 also went to Government Hospital, Kilpauk and they were medically examined by P.W.13 doctor. Exs.P19 and P20 are the copies of accident registers. (ii)P.W.19 Inspector of Police, G5 Secretariat Colony Police Station received the complaint of P.W.1 at 2.15 a.m. on 23.05.2009 and marked the same as Ex.P1. On the basis of Ex.P1, he registered the case for the offence under Sections 147, 148, 448, 302 and 506 (ii) I.P.C. and Ex.P28 is the first information report. He sent the copy of the first information report to the concerned higher officials and Court, which reached the court at about 6.30 a.m. THEreafter, at 2.45 a.m., he went to the place of occurrence and prepared Ex.P29 observation mahazar and Ex.P30 rough sketch. At about 4.00 a.m., P.W.19 seized M.O.12-blood stained cement floor and M.O.13 - plain cement floor under seizure mahazar Ex.P31 in the presence of witnesses. At about 4.15 a.m., he seized M.O.9 series - broken glass pieces of front glass of auto under seizure mahazar Ex.P32 and at about 4.30 a.m., he seized M.O.8 - broken glass pieces of television under Ex.P33. (iii)Between 5.00 a.m. to 6.30 a.m., P.W.19 went to mortuary and conducted inquest over the dead body of the deceased in the presence of panchayatdars and witnesses and Ex.P34 is the inquest report. Ex.P23 is the postmortem certificate issued by P.W.15 doctor and the doctor has opined that the deceased would appear to have died of head injuries. (iv)Pending investigation, P.W.19 arrested A1, A2, A3, A4, A5 and A7 and their confessional statements were recorded. Admissible part of the confessional statement of A1 is marked as Ex.P37 and M.O.2 - blood stained iron rod was recovered from him under the seizure mahazar Ex.P38. Admissible part of the confessional statement of A2 is marked as Ex.P39 and M.O.3 - wooden club was recovered under the seizure mahazar Ex.P40. Admissible part of the confessional statement of A3 is marked as Ex.P41 and M.O.1 - knife was recovered under the seizure mahazar Ex.P42. Admissible part of the confessional statement of A4 is marked as Ex.P43 and M.O.4 - wooden club was recovered under the seizure mahazar Ex.P44. Admissible part of the confessional statement of A5 is marked as Ex.P45 and M.O.5 - wooden club was recovered under the seizure mahazar Ex.P46. Admissible part of the confessional statement of A7 is marked as Ex.P47 and M.O.6 - wooden club was recovered under the seizure mahazar Ex.P48. (v)P.W.19 brought A1 to A5 and A7 to the police station and they were sent for judicial remand. A6 was arrested on 04.06.2009 at 13.30 hours and he was sent for remand. Further investigation was taken up by P.W.20, who enquired the doctors and received Exs.P19 and P20, extracts of accident registers. Exs.P24 to P27 are the reports sent by the Chemical Analysts P.Ws.17 and 18. After completion of investigation and receipt of the postmortem certificate Ex.P23, P.W.20-investigating officer filed the final report against the accused under Sections 148, 147, 452 and 427 I.P.C. and Section 3 of T.N.P.P.D.L. Act, 302 and 506 (ii) I.P.C. (vi)THE case was committed to the Court of Sessions and necessary charges were framed. In order to substantiate the charges, prosecution examined 20 Witnesses and relied on 52 exhibits and 15 material objects. On completion of evidence on the side of the prosecution, the accused were questioned under section 313 Cr.P.C. and they denied them as false. On the side of the defence, no witnesses were examined. THE trial Court heard the arguments advanced on either side and found the appellants guilty under the above said provisions and awarded punishments as referred to above. Hence, this appeal has arisen at the instance of the appellants before this Court.

(3.) THIS Court heard the learned Additional Public Prosecutor on the above contentions and paid its anxious consideration on the submissions made.