EASUDOSE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The accused in S.C.40 of 1987 on the file of Sessions Judge, Kanyakumari, has filed this appeal challenging his conviction for ah offence under Section 304, Part (2) Indian Penal Code and sentence of imprisonment for a period of five years.

(2.) The appellant was tried by the above court for an offence under Section 302 I.P.C. in that on 30/4/1986 at 4.30 P.M. in Alamparai, he caused the death of one Chellamuthu by beating him with hands.

(3.) The facts are briefly as follows: P.W. 1 is the wife of the deceased. She was residing in Punnathanvizhai in Poovankodu. The appellant was residing about 50 feet away. On 30/4/1986 at 4.00 P.M. the appellant went to the house of the deceased and took him saying that they would go to Alamparai, At about 4.30 P.M., P.Ws. 2 and 3 came to the house of P.W.1 and informed her that at Alamparai, the appellant had beaten the deceased and the deceased was lying in an unconscious state. P.W. 1 took her brother P.W. 5 and went to Alamparar and saw the deceased, lying unconscious with injury on the forehead. They engaged a taxi and took the deceased to a Siddha Medical Practitioner P.W. 6. The deceased was given some medicines and P.W. 6 advised P.W. 1 to take the deceased to a hospital since his condition was serious. P.W. 1 did not listen to the advice but took the deceased to her house. The deceased ultimately died on 3/5/1986 at 4.00 A.M. P.W. 1 went to P.W.12 the Sub-Inspector of Police at Thiruvattar Police Station and gave EX.P1 complaint which P.W.12 registered at Crime No. 105186 under. Section 174 Criminal Procedure Code. Intimation was sent to the Inspector of Police P.W. 15 who examined the witnesses, held inquest, examine P.Ws. 2,3 and others and altered the Section to one under Section 302 I.P.C. He took further investigation.