MICHEAL ALIAS NAI MICHEAL Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant against the judgment passed by the District and Sessions Judge, Nagercoil, Kanyakumari District, in S.C.No.179 of 2007, dated 05.03.2010 finding the appellant guilty under Section 294(b) IPC, convicted and sentenced to undergo Simple Imprisonment for three months; finding guilty under Section 302 IPC convicted and sentenced to suffer life imprisonment and also imposed a fine of Rs.3,000/- in default to undergo simple imprisonment for a period of one year and further finding him guilty under Section 506(i) IPC convicted and sentenced to suffer rigorous imprisonment for a period of 2 years and also imposed a fine of Rs.1,000/- in default to undergo simple imprisonment for a period of one month. The sentences were directed to run concurrently.

(2.) The following are the factual matrix of the prosecution case sans unnecessary details: 2(i). P.W.1, lodged a complaint under Ex.P1, who is the elder brother of the deceased Rambal Singh. He has stated that there was a proposal for the marriage of the accused with the daughter of one George P.W.11 and in connection with that, the said George on 18.09.2005 at about 04.00 p.m., came to the house of one Rathinam and left his house at about 05.00 p.m., that the accused with a wrong impression that the deceased might have conveyed false information about him to the said George and on the same day at about 07.15 p.m. the accused asked the father of P.W.1 about Rambal Singh, for which, he replied that he was standing in front of R.B.R. Neelambal Marriage Hall. Immediately, the accused rushed to the said place with fury, that on seeing him, P.W.1 took his father and followed him, that in front of the above said marriage hall, Rambal Singh, P.Ws.2 and 3 were coming and the accused restrained them and hurled obscene words at the deceased stating that how could he pass false information to the family members of the bride and he suddenly took out a knife from his waist and stabbed on the left side arm-pit of the deceased, who fell down with profuse bleeding, that P.W.1 and others raised alarm and the accused fled away from the scene of occurrence intimidating them that he would do away with them if they came near him, that they stopped an auto, which was passing by at that time, driven by one Selvakumar and took the injured to Thittuvilai Subam Hospital where the Doctor asked them to take him to the Medical College Hospital and he also provided a van in which he was taken to the Medical College Hospital where the Doctor after examining the injured stated that he was brought dead. 2(ii). On receipt of the intimation, the Inspector of Police, by name Veluchamy, proceeded to the hospital and scribed the statement from P.W.1 and came to the police station at 01.00 a.m. on 19.09.2005 and registered a case in crime No.352/2005 under Sections 334, 294(b), 506(1) and 302 IPC, on the file of the Bhoothapandy Police Station. He also lodged First Information Report Ex.P16 and deputed P.W.13 Head Constable to entrust the same to the Court and copies to superior officials. P.W.13 took the First Information Report and complaint to the Judicial Magistrate Court No.III, Nagercoil. The said Veluchamy, Inspector of Police, is no more as evident from his Death Certificate Ex.P15. The present Inspector of Police of Bhoothapandy Police Station, P.W.19 deposed about the investigation taken up by the said Veluchamy. 2(iii). The Investigation Officer proceeded to the scene of crime, prepared observation mahazar Ex.P2 and drew rough sketch Ex.P17. He also lifted the bloodstained earth as well as the sample earth M.Os.2 and 3 from the scene of crime under cover of mahazar Ex.P3. Then, he went to the infirmary, conducted inquest over the dead body of the deceased and prepared Ex.P18 Inquest Report. He also arranged P.W.8 lens-man who took photographs in the scene of crime. M.O.4 series are the three photographs and six negatives. The Investigation Officer also gave intimation to the Dog Squad and the Head Constable P.W.17 took the sniffer dog to the scene of occurrence at about 3.00 or 3.30 a.m. on 19.09.2005. He says that the dog went to the house of the accused and then came to the back side of R.C. Church. His report is Ex.P11. The Investigator examined witnesses and recorded their statements. He gave requisition Ex.P4 through P.W.14 Head Constable for conducting autopsy over the corpse to the Medical Officer. Earlier, while the deceased was brought to the hospital, P.W.15 Doctor had examined him and pronounced the injured dead. Ex.P9 is the death intimation and Ex.P10 is the Accident Register. P.W.5 the Assistant Professor of Forensic Medicine in Medical College Hospital, Nagercoil, held post mortem over the dead body and issued Ex.P5 Post-Mortem Certificate with an opinion that the deceased would appear to have died of stab injury and its sequelae. He found only one following external injury:

(3.) The following are the points for consideration:- (i) Whether the charges framed against the accused have been established beyond reasonable doubt? (ii) Whether conviction of the accused by the Sessions Court under Section 302 IPC is proper?