M BABU Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellant/accused stands convicted for the offence under Section 304 Part II and sentenced to undergo rigorous imprisonment for eight years by the judgment of the learned Additional District and Sessions Judge, Vellore in S.C. No. 80 of 2001 dated 7.1.2004. Challenging the said conviction and sentence, the appellant has come forward with the present appeal.

(2.) THE brief facts necessary for disposal of this appeal are as follows: THE deceased Munusamy and P.W.2 Venkatesan are brothers. P.W.I is the son of P.W.2. On 12.4.1995, the deceased Munusamy visited the house of P.Ws.1 and 2 at Alangeneri Kollakottai and he remained in the house till 9.30 p.m. THEreafter, the deceased left the house of P.W.1 informing P.Ws. 1 and 2 that he was going to his residence at K.V. Kuppam. After five minutes, P.Ws.1 and 2 heard noise of the deceased. When they went outside the house, they saw one Babu who was beating the deceased on his face by a wooden log, as a result of which the deceased fell down on the ground. Immediately, the accused stamped the penis with his leg and squeezed the testicles of the deceased by using his hand and the deceased screamed out in pain. On seeing P.Ws.1 and 2, and one Manjula, the sister of P.W.1, the accused fled away from the place of occurrence. THEn, they took the deceased to their house and gave water and also fomentation by hot water to the deceased. P.W.2 has also witnessed the said incident. P.W. 1 got the cycle from P.W.4 and proceeded to K.V. Kuppam to inform the incident to P.W.3, the wife of the deceased. P.W.5 is the son of the deceased. On receiving the information, P.Ws.3 and 5, came to the residence of P.W.1. THEn, they placed the deceased on the coir cot and gave him fomentation. Even thereafter, as the deceased complained of pain, the deceased was taken to the hospital. Since the Doctor was not available, the deceased was again brought to his house. THE next day morning P.W.3, the wife of the deceased noticed that the deceased was dead. Immediately, P.W.1 went to K.V.Kuppam Police station and gave complaint at about 7.30 a.m. to P.W.13, the Sub Inspector of Police. A case was registered in Crime No. 148 of 1995 against the accused for the offence under Section 302 IPC. THE express First Information Report Exhibit P14 was sent to the Court and the higher officials. On receipt of the copy of the FIR, P.W.14 the Inspector of Police, took up investigation, proceeded to the scene of occurrence and prepared an observation mahazar Exhibit P-15 and a rough sketch Exhibit P-16. THEn, P.W.14 went to the place where the body was kept and prepared observation mahazar Exhibit P-17 and a rough sketch Exhibit P 18 in the presence of P.W.6 the Village Administrative Officer and P.W.7 one Balu. P.W.14 further conducted inquest on the dead body of Munusamy in the presence of the witnesses and prepared Exhibit P-19 the inquest report. THEn, the Investigating Officer gave a requisition to the hospital authorities for conduct of autopsy.

(3.) WHEN the accused was questioned under Section 313 Cr.P.C. in respect of the incriminating materials appearing against him through the evidence adduced by the prosecution, the accused denied his complicity. The trial Court on consideration of the oral and documentary evidence placed before it found the accused guilty, convicted and sentenced him as stated above. Hence the present appeal.