KAIBAMALIASMOHAN Vs. STATE

JUDGEMENT

(1.) WHEN the appeal was filed, there were two appellants on record. They are A-1 and A-2 in S.C.No.57 of 1992 on the file of the Court of Sessions, Madras. Pending appeal, A-1/the first appellant died. In support of his death, the learned Government Advocate on the criminal side has produced before this Court, an authenticated copy of the death extract relating to the first accused issued by the Health Department of the Corporation of Chennai. The said death extract shall form part of the record. Inasmuch, as A-1 is reported dead, the appeal, as far as it relates to A-1 stands dismissed as abated. Therefore, the appeal survives only as far as A-2 is concerned. For convenience sake, we will refer to the surviving appellant in this judgment in the same rank in which order he was arrayed in the Sessions Case. A-2 stands convicted along with A-1 for an offence under Sec.302 read with Sec.34, I.P.C. and sentenced to undergo life imprisonment. A-3 to A-6 who were also tried for offence under Sec.302 read with Sec.149, I.P.C. were acquitted on merits. There were other offences for which all the accused were also tried and except the conviction of A-1 and A-2 as referred to above, all the other charges were found against the State. Heard Mr.T.Sudanthiram, learned counsel for the appellant and Mr.R.Karthikeyan, learned counsel for the State.

(2.) THE case of the prosecution in short is to the following effect: THE deceased in this case is a male by name Veera alias Veerasekaran. P.W.1 is his elder sister. P.W.1's husband is Sathasivam. However, they are not living together. P.W.1, her grandmother and P.W.1's children along with Veerasekaran were living together. Veerasekaran was unemployed. He had developed friendship with A-1 and was committing petty thefts. He was also involving himself in regular street fights. P.W.1 advised Veerasekaran, on more than one occasion, not to have friendship with A-1. Accordingly, Veerasekaran parted the company of A-1 and started making his livelihood by driving an autorickshaw. P.W.3 is the younger sister of P.W.1. She, with her husband Nandagopalan, was residing in another tenement of the adjoining block, where P.W.1 was residing. P.W.3 was aged about 18 years. A-1 developed friendship with P.W.3. P.W.1 and Veerasekaran reprimanded A-1 for developing friendship with P.W.3. From that time onwards, A-1 stopped talking to P.W.3. A-1 also had developed strained relationship with Veerasekaran from that time onwards. THE occurrence was on 20.2.1991. Even one week prior to that, A-1 with his associates was moving around the residential area in search of Veerasekaran. P.W.2 is the mistress of Veerasekaran. At 10.30 a.m. on 20.2.1991, P.W.1, Veerasekaran and P.W.2 went to buy fish from the market. THEy were passing the house of P.W.3 at that time. P.W.3 also gave a sum of Rs.5 to them asking them to buy fish for her. THE witnesses, after buying fish were returning home. At that time, they saw A-1 to A-6 coming in the opposite direction. A-1 and A-2 were each armed with a knife at that time. On seeing them, Veerasekaran ran for safety. All the accused chased him. THEy were able to intercept him and A-1 cut on the leg of Veerasekaran which made him fall down on his face. A-3 to A-6 surrounded Veerasekaran and thereby prevented him from running away. A-1 and A-2 cut on the legs and hands of Veerasekaran indiscriminately. P.Ws.1 and 2 were at a distance of 10 feet. After inflicting injuries on Veerasekaran, all the accused ran away. P.Ws.1 and 2 went near Veerasekaran where they found that the index finger and the middle finger of right hand of Veerasekaran had been severed and they were lying on the ground. THEy transported Veerasekaran in an autorickshaw to the Government Hospital at Royapettah. THEy also produced the two severed fingers of Veerasekaran in the hospital. THE Medical Officer on duty advised them to take Veerasekaran to the Government Stanley Hospital. P.Ws.1 and 2 travelled in the same autorickshaw to Stanley Hospital along with the injured. THEre also, they produced the two severed fingers. It was around 12.30 p.m. on that day.

(3.) 5 cm " 2 cm. lacertated wound over right wrist." Ex.P-14 is the Accident Register. P.W.11 is another Medical Officer in the same hospital. He was in charge of Ward No.9. Veerasekaran was sent by P.W.10 to that ward. Inspite of intensive treatment given to Veerasekaran, he died at 4.10 p.m. on that day. Ex.P-15 is the case sheet relating to Veerasekaran and Ex.P-16 is the death intimation. 7. P.W.6 is the Magisterial Clerk. The case properties were received in Court and kept in safe custody. Ex.P-5 is the requisition given by the Investigating Officer to send M.Os.1 to 8 for chemical analysis. As an enclosure to Court's letter Ex.P-6, the case properties were sent for chemical examination. Pursuant to second requisition Ex.P-7, M.Os.9 and 10 were sent to the laboratory as an enclosure to Court's letter Ex.P-