ANBU MANI Vs. STATE

JUDGEMENT

(1.) THE appellant was charged for an offence of murder. THE allegation against him was that he caused injury to one gunasekaran with a broken soda bottle on the right shoulder at about 5-30 p. m. on 23rd March, 1978 at the junction of Thatha Muthiappan Street and Broadway, madras and that as a result of the said injury Gunasekaran died at the hospital at about 3-55 a. m. on 4th April, 1978.

(2.) THE prosecution case was that Anbu Mani, the appellant, was behaving in a riotous manner at the junction of Thatha muthiappan Street and Broadway in Madras at about 5-30 p. m. on 23rd March, 1978. He took out a Horlicks bottle by about 5-15 p. m. on 23rd March, 1978 from the shop of one Abdulla and broke it by throwing it on the road. When P. W. 4 abdul Rahman, working in the said shop of Abdullah, obstructed him from taking the Horlicks bottle, he slapped on his cheek. When P. W. 4 was closing the shop, the accused took a soda bottle from the shop and broke it by throwing it on the street. Subsequently, according to P. W. 5, a person came to his shop and took a soda bottle and broke it by throwing it on the street. THE said person, according to P. W. 5, had in his hand the top portion of the soda bottle which was broken into halves and was running towards the'tip Top'shop situated near the junction of Thatha Muthiappan Street and Broadway. It is in the cross-examination of P. W. 5 that it was the accused that took the soda bottle and the broken half he was having was identified as M. O. 1 later by him. It was the prosecution case that M. O. 1 was used for stabbing the deceased.

(3.) P. W. 20, the Sub-Inspector of Police who was on bandobust duty at M. U. C. Grounds at about 6-30 a. m. on 23rd March, 1978 received the first information report Exhibit P-19 in Crime No. 236 of 1978 through a constable. He took up investigation and proceeded to the Stanley hospital and -examined injured Gunasekaran in Ward No. 33 at about 6-45 p. m. Thereafter he went to the Law College Police Station and arrested the accused anbu Mani at 7 p. m. He examined P. W. 19 the Head-constable and recorded his statement. Subsequently he examined P. Ws. 2, 3, 6 and others, at the scene, and prepared an observation mahazar Exhibit P-2 attested by P. W. 6 and another. After returning to the police station by about 9-30 p. m. he examined the accused. The accused made a statement to him in the presence of P. W. 17 and another. The admissible portion of the statement is Exhibit P-3. In pursuance of Exhibit P-3 the accused took P. W. 20 to Mannadi Police Line and pointed out in a dust bin there, M. O. 1 broken piece of a soda bottle. P. W. 20 took it without disturbing it and seized it under a mahazar, Exhibit P-4 attested by p. W. 7 Marimuthu and another. He made necessary arrangements to inform the relations of injured Gunasekaran who were in Vyasarpadi. He examined P. W. 15 the doctor who treated Gunasekaran at the Stanley Hospital. On 24th March, 1973, he examined the doctors P. Ws. 11, 13 and 14 and the Head-constable P. W. 10. He remanded the accused on 24th March, 1978.