P BALARAMAN Vs. STATE

JUDGEMENT

(1.) The Appellant was tried in S.C. No.125 of l988 on the file of the 8th Assistant Sessions Judge, Madras, under three heads of charges. The first charge was for an offence under S. 452, I.P.C., on the allegation that on 25-4-1986 between 9 and 10 A.M., when P.W. 1 Frederick Kanakaraj, the District Munsif, Ponneri, was travelling in an electric train from Madras Central to reach his work spot, on the way at Ennore Railway Station, the appellant due to prior enmity trespassed into the first class compartment, where P.W. 1. was seated, after having made preparation to attack him. The second charge was framed for an offence under S.307 I.P.C. alleging that during the course of the same transaction, the appellant attacked P.W.1, with a koduval knife by chasing the victim, who got down from the first class compartment No. 12252 and got into a second class compartment, to escape from the wrath of the appellant. The third charge was framed for an offence under S.333, I.P.C. alleging that during the course of the same transaction, due to prior enmity, in that P.W. 1, had decided against him in a case, caused grievous hurt to P.W. 1, a public servant and prevented him from discharging his duties as such public servant.

(2.) The trial Judge found the appellant guilty of all the charges and sentenced him as hereunder : In respect of the first charge, the appellant was sentenced to under go rigorous imprisonment for three years and to pay a fine of Rs. 1000/-, in default to undergo six months' rigorous imprisonment. Under charge No. 2, he was sentenced to ten years rigorous imprisonment and to pay a fine of Rs.3000/-, in default to undergo rigorous imprisonment for six months. Under charge No.3, he was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for six months, all the sentences were directed to run concurrently.

(3.) The facts which led to this prosecution need narration. P.W. 1. Federick Kanakaraj, at the relevant time, when this incident had occurred, was working as District Munsif at Ponneri. On every working day he used to leave his residence at Kilpauk, Madras, on his motor cycle and reach the Central Railway Station. After parking his motor cycle at the Central Railway Station stand for motor cycles, he used to take an electric train to reach Ponneri. He had obtained permission from this Court, to stay at Madras and go for his work at Ponneri, daily. Ex. P. 1 is such permission dated 5-7- 1984. Every day he used to board the electric train leaving Madras Central Railway Station at 8.25 a.m. On the fateful day i.e., on 25-4-1986, after parking his motor cycle, he was unable to board the electric train which left Madras at 8.25 a.m., and therefore, had to necessarily take the next train, which left at 9.05 a.m. P.W. 1, boarded the first class compartment in which he was authorised to travel by virtue of the Season Ticket Ex. P. 2 obtained from the Railways. Ex. P. 3 is the identification card with the photograph of P.W. 1. Ex. P.4 is the token-cum-pass issued at the Central Railway Cycle Stand, for the parking of the Motor Cycle of P.W. 1, daily. Along with P.W. 1, P.W.2, Ravichandran, an Engineer working in the Public Works Department at Gummudipundi and two policemen of whom one has been examined as P.W. 17, travelled in the same compartment. The appellant was known to P.W. 1, earlier. The appellant had filed a redelivery petition in E.A. No. 384 of 1984 in R. C. O.P. No. 34 of 1982 on the file of the Court of the District Munsif, Ponneri. The appellant was known to P.W. 1, since he had deposed before him in the aforementioned proceeding. The appellant was a tenant in the premises, which was the subject-matter of dispute in R.C.O.P. No.34 of 1982. R.C.O.P. No.34 of 1982 related to the eviction of the appellant from the said building. The predecessor of P.W. 1, Thiru Joseph, not examined had ordered eviction of the appellant and directed execution as well. In pursuance of the eviction order in R.C.O.P.N.o.34 of l982,P.W. 15, the Court Amin, had put the landlord of the premises in possession, after evicting the appellant. The appellant had thereafter filed E.A. No. 384 of 1984 for re-delivery, which petition was taken up for hearing by P.W. 1, who, after examining the witnesses, dismissed the application on 7-2-1986. Nearly 2 1/2 months thereafter, when P.W. 1 was travelling on 25-4-1986 in the electric train, he was as usual perusing the morning newspaper, inside the compartment. He was seated adjacent to the window. P.W. 2 was seated opposite to him. P.W. 17, and another constable were also seated in the row, opposite to P.W. 1. The train had reached the Ennore Railway Station at or about 9.35 a.m. At that time the appellant got into the first class compartment, where P.W. 1, was seated with a small brief case and stood near the entrance to the compartment. The appellant wished P.W. 1 which was reciprocated by the latter. Subsequently the appellant nearer the place where P. W. 1 was seated and suddenly, unexpected by P.W. 1, opened the brief case, removed a koduval and stating "you have written a judgment against me. I will make you write no more Judgments," forcibly aimed a cut on P.W. 1. The cut landed on the luggage wire mesh and fell on the back of the head of P.W. 1, P.W. 4 on receipt of the first cut, was shocked and perplexed, while the appellant cut him over again twice or thrice, which cuts also fell on the front and back of the head of P.W. 1, after initial obstruction by the wire mesh. When P.W. 2 and the Police constables, who were in the compartment, attempted to restrain the appellant, he threatened them with his koduval. The frightened P.W. 1, taking advantage of this little interregnum, when P.Ws. 2 and 17 were restraining the appellant, got down from the first class compartment, to save himself, and ran towards the room of the station-master at Ennore Railway Station. The appellant got down from the compartment, chased P.W. 1, and attempted to cut with the koduval, on the back of his head. When P.W. 1 warded of the cut, it fell on the left hand between the palm and the thumb, resulting in a bleeding injury. At that time the room of the station-master was founded locked. The astonished P.W. 1 turned round to escape from the clutches of the appellant. Even then, the appellant chased and the next cut aimed by the appellant fell on the right hand of P.W. 1, between the thumb and the index finger. P.W. 1, further ran and got into a second class compartment. The appellant, who followed P.W. 1, also got into the second class compartment and again attacked P.W. 1 with the Koduval. P.W. 1, attempted to ward of the cuts and in the process sustained injuries in the left and right hands. The right ring finger and half of the little finger were precariously hanging due to the cut injuries inflicted by the appellant. The public who were aghast and who had crumbled away, re-gathered and one of them threw a water drum at the appellant and another beat him with an iron rod. Due to the beating with the iron rod, the koduval held by the appellant fell down. Later several members of the public beat the appellant. Soon thereafter P.W. 3, Jayapalan, the Judicial Second Class Magistrate, Ponneri, P.W.4, Rasish, the Sub-Divisional Judicial Magistrate, Ponneri, P.W. 5 Munirathinam, the Assistant Public Prosecutor, Ponneri and P. W. 6, Susairaj, an Advocate normally practicing at Ponneri and Susheela, not examined, an Examiner in the Court of P.W. 1, helped P.W. 1, to alight from the second class compartment. They boarded him in a tricycle, to take him to the Ennore Police Station. On the way, P.W. 21, the Sub-Inspector of Police, Ennore, came in a Mini Bus. He stopped the bus and put P.W. 1 in the Mini Bus, along with P.Ws. 3, 4 and 5 to be taken to the Government General Hospital, Madras, for treatment.