P PRABHAKARAN Vs. STATE

JUDGEMENT

(1.) THE Criminal Appeal is filed against the judgment of conviction and sentenced, dated 27.10.2003 in S.C.No.152 of 2003 on the file of the District and Sessions Court, Nagapattinam, wherein the appellant/accused was convicted for the offence under Section 304 (Part 2) IPC and sentenced to undergo six years' rigorous imprisonment and to pay a fine of Rs.1,000/- in default, to undergo one year rigorous imprisonment and he was also convicted for the offence under Section 323 IPC and sentenced to undergo six months' rigorous imprisonment.

(2.) THE case of the prosecution is as follows: (a) THE deceased Pakirisamy borrowed Rs.1,000/- from the appellant/accused and he repaid Rs.800/- and the balance due is Rs.200/-. On the fateful day, i.e. on 31.8.2001 at about 6.15 p.m., when P.W.1, the wife of the deceased Pakirisamy and the deceased Pakirisamy were at the house and the deceased Pakirisamy was having his dinner, at that time, the appellant/accused approached P.W.1 and the deceased Pakirisamy and demanded the balance amount, and due to this, the deceased Pakirisamy got wild and questioned as to why he should not be given respect for his age, and attempted to take one pole/branch of drum-stick tree and at that time, the appellant/accused took one pole/branch of neem tree and assaulted the deceased on his head and the deceased sustained injury on his head. (b) After hearing the alarm, P.Ws.2 and 3 rushed to the place of occurrence and then P.W.4 took the deceased to P.W.5 Dr.Kalyanam @ Kalyanasundaram, Homoeopathic Doctor at 7 p.m. on the same day and he gave first aid to the deceased Pakirisamy. (c) During night hours, the deceased developed Epilepsy and hence, on the very next day morning, P.W.1 took him to Government Hospital, Nagapattinam, where Dr.Tamilarasi P.W.13 gave treatment to the deceased and also treated P.W.1 and issued Ex.P-10 accident register in respect of P.W.1 and issued Ex.P-7 medical memo to the concerned Police. She also issued death intimation of the deceased in Ex.P-8. (d) P.W.12 Head Constable, received Ex.P-8 death intimation and informed the factum of death of the deceased to the concerned Police Station. (e) After the death of her husband, P.W.1 gave Ex.P-1 complaint before P.W.15 Inspector of Police, who received the complaint and registered a case in Crime No.490 of 2001 for the offences under Sections 302 and 323 IPC and prepared Ex.P-12 FIR. (f) P.W.15 went to the place of occurrence and in the presence of P.W.7 Subramanian and one Govindaraj, prepared Ex.P-4 observation mahazar and drew Ex.P-13 rough sketch and he seized the material objects, M.Os.2 and 3, the blood stained clothes, under Ex.P-5 mahazar. (g) THEn, P.W.15 Inspector of Police conducted inquest over the body of the deceased and prepared inquest report Ex.P-14. He arrested the accused in the presence of P.W.6 VAO and the admitted portion of the confession of the accused is marked as Ex.P-2. On the basis of the confession, M.O.1 was seized under Ex.P-15 mahazar. (h) After the inquest was over, the body of the deceased was sent for autopsy through P.W.11 Head Constable. P.W.14 Dr.Valluvan conducted autopsy and issued Ex.P-11 post-mortem certificate. P.W.11 Head Constable handed over the belongings of the deceased, namely M.Os.4 and 5, to the investigating officer under Ex.P-6 special report and the body of the deceased, to his relatives. (i) P.W.15 investigating officer examined the witnesses and recorded their statements and he concluded the investigation and filed the charge sheet against the appellant/accused for the offences under Section 323 IPC for causing injury on P.W.1 and under Section 302 IPC for having caused the murder of the deceased Pakirisamy.

(3.) LEARNED counsel for the appellant/accused further stated that if the Court comes to the conclusion that the appellant/accused is guilty of the offences alleged against him, leniency may be shown in the imprisonment, because, at the time of occurrence, the appellant/accused not completed the age of 21 years and was an adolescent.