RANGANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The accused Ranganathan tried for an offence punishable under Section 302 I.P.C. for having caused the death of his brother Nagooran, the husband of P.W.2 Bommi with M.O.1 Button Knife as well as for an offence punishable under Sec. 324 I.P.C. for having caused simple hurt on P.W.1 Ramalingam at 7.00 a.m. on 15-10-1984 very near to Avuseri Colony, 8 Km. from the Pennalurpettai Police Station and was found guilty for an offence punishable under Sec. 394-I, I.P.C. for the first charge and was sentenced to undergo R.I. for 7 years and was found guilty for an offence under Sec. 324 under the second charge and sentenced to undergo R.I. for 2 years. The sentences were ordered to run, concurrently. Hence the appeal. 2. The case of the prosecution is as follows: The deceased and the accused were brothers. The deceased is the elder brother married to P.W.2 Bommi. The family owned a vacant land and the father of the accused and the deceased namely, Kuppan was living in his house along with the deceased and P.W.2 the wife of the deceased, whereas the accused along with his mother and sister living in a hut in front of the house. The accused is a bachelor and he is also a T.B. patient. There were some disputes with reference to the partition of the vacant house site, a day prior to the occurrence. It is alleged that the accused demanded some money from his elder brother the deceased for treatment of his disease. The deceased refused to give money. Thereafter, the deceased demanded the weight and scale which he has entrusted with the accused. The accused refused to give the weight and scale, as a result the deceased beat the accused on his forehead. The accused left the house. On the next day, the deceased went to the nearby field morefully described in EX.P.5 for answering call of nature, found P.W.1 was also answering nature's call nearby. The accused who came there, asked P.W.1 to procure the suit case from the deceased. P.W.1 pacified the accused and called him to his residence for settling the affairs. The deceased who was answering natures call nearby uttered that if such demand had been made in the previous night, he would have met with his end. This infuriated the accused and immediately he stabbed the deceased over the left Ziphi sternal notch. Immediately P.W.1 rushed to the spot and tried to prevent the accused from inflicting further stab. However, the second stab fell on the deceased at the level of 7th and 8th ribs. While warding of the weapon, P.W.1 had also received injuries morefully described in Ex/P.2 the copy of the Accident Register issued by P.W.7. Thereafter, the accused ran away from the spot. Nagooran cried the name of his wife thrice when P.W.I. brought him and kept him on his lap when Nagooran breathed his last. His father, Kuppan who is no more, reached the spot and after hearing as to what had taken place from P. W .1, he went to the police station along with his daughter-in-law P.W.2 and gave a. complaint at the police station and the same was written by P.W.5 Gnanaprakasam. P.W.11 registered Ex.P.1 as Crl.No. 141/84 under Sections 302 and 324 I.P.C. Ex. P. 10 is the printed copy of the F.I.R. He gave information to the Circle Inspector P.W.13 over the telephone. 3. On receipt of information from P. W .11 the Sub Inspector of Police, P. W .13 the Inspector of Police reached the Pennalurpet Police Station and after obtaining the copy of the F.I.R. took up further investigation. He visited the spot at 1 p.m. and prepared Ex. P.16 observation mahazar and drew a rough sketch mark Ex. P. 17. He arranged to photograph the scene occurrence by P.W.6. He conducted inquest over the dead body of Nagooran between 1 p.m. and 5 p.m. During inquest, he examined P.Ws. 1,2,5 and 6. Ex. P. 15 is the inquest report. He handed over the dead body for postmortem to P.W.9. He sent P.W. 1 to the Government Hospital, Trivellore for treatment for the injuries found on his right dorsum. At 10 p.m. according to P.W.13, the accused appeared along with two others at the station with M.O. 1., knife, P.W.13 recovered M.O.1 under Ex. P.19 as well as the clothes of the accused. He remanded the accused the next day. On 16-10-1984 he examined P.W.3 Athikesavan. He despatched the materials recovered for the chemical examination and arranged to record the confession of the accused. P. W .13 examined P. W.4 on 21-4-1984 and on 22-4-1984, he examined P.W.11 and P.W.9. On 20-11-1984 he examined P.W.8 who conducted the post-mortem. On 17-12-1984 he examined P.Ws. 6 and 7. 4. P.W.7 Dr. Balachandran examined P.W.1 on 16-10-1984 and noticed the following injuries. 1. An elliptical shaped wound over the right dorsum of hand near wrist joint 2 cm x 1/2 cm x muscle deep edges overted, Clotted blood present.

(2.) A lacerated wound over the right dorsum of hand 2 cm below injury No.1 - 2 x 1 x 1 cm x muscle deep.

(3.) An elliptical shaped wound present over the right dorsum of hand 2 cm below injury No.2, 2 cm x 1 cm. x muscle deep enges overted. Blood clot present. Ex. P.2 is the copy of the Accident Register given by P.W.7 with reference to the injuries found on P. W. 1. According to P. W. 7, the injuries found on P.W.1 are simple in nature. P.W.8 on receipt of Ex.P.3 requisition, from P.W.13 through P.W.9 the Constable, conducted the postmortem and noticed the following external injuries.