PONNUSWAMY Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the accused in S.C. 99/ 87 on the file of the II Additional Sessions Judge, Salem, challenging his conviction for an offence under S.304-II, IPC and the sentence of imprisonment for a period of 3 years. The appellant was tried by the court for an offence under S.302, IPC, in that on 24-1-1987 at about 3-30 p.m. he beat the deceased Chandran with his hands, fisted him and then beat him with the stick M.O.1 as a result of which Chandran died on the night between 25-1-87 and 26-1-87.

(2.) The facts are briefly as follows:- The deceased is the younger brother of P.W. 6. P.W. 1 is the wife of Thangasamy, the elder brother of the deceased. All of them were residing in the village Olakkadu within the limits of Yercaud Police Station. The deceased a bachelor aged about 22 at the time of his death, was leading a wayward life involving in crimes. He had no house of his own. On 24-1-87 at about 7 a.m. the deceased came to the house of his brother Thangasamy. Thangasamy's wife P.W. 1 was in the house. P.W. 1 questioned the deceased as to where he had gone and the deceased replied that he had gone for a court hearing in the case. The deceased took lunch and went in to the front of the house of P.W. 1 and was lying down there. P.W. 1 was gathering coffee seeds nearby. At about 3 p.m. the appellant came there and seeing the deceased lying down, he fisted the deceased on the neck, forcibly, saying that for 4 adjournments the deceased had not attended court and was lying down here and who would spend for all the adjournments and that he would put an end to all this. He then caught hold of the shirt of the deceased and fisted the deceased on the chest . He asked the deceased to get up. He then dragged the deceased to a place under a tree and picking out M.O. 1 which was nearby, beat the deceased on the left flank, right flank, right temporal region and back. He then dragged the deceased to his house stabbing the deceased all along with M.O. 1. The occurrence was witnessed by P.Ws. 1 and 3 and part of the occurrence by P.W.4. At about 6-30 p.m., P.W.10 the mother of the appellant came to P.W. 1 and told her that the appellant had beaten the deceased and that the deceased was having pain all over the body and could be given fomentation with hot water. The deceased also came there and complained of suffocation. He demanded water and when given was able to drink only one mouthful and after that saying that he was not able to drink any more water, lay down in front of the house of P.W. 1.The next day that is on 25-1-87 at 6 p.m. the deceased left P.W.l's house saying that he was going to his sister's house to get some money from her to go to the hospital for treatment. P.W. 7 is the daughter of P.W.6. The deceased went to the house of P.W. 6. P.W.6 and her husband were away and P.W.7 was alone in the house. The deceased told P.W. 7 that the appellant had beaten him and he was having a suffocating feeling. He then took bed in the house of P.W.6 and P.W.7 covered him with a blanket. The next morning at 4 a.m. P.W.6 and her husband returned home and was informed by P.W.7 about the presence and condition of the deceased. P.W.6 tried to wake up the deceased but found that the deceased was dead. She then went to Olakkadu and informed the husband of P.W. 1 and other relatives. They came and saw the deceased. They went to Semmanatham to inform the Village Administrative Officer and not finding him there, gave information to Thalayari Gnanamuthu, who in turn sent information to P.W. 5 the Village Administrative Officer. P.W. 5 came to the house of P.W.6 at 6-30 p.m. and recorded Ex. P. 1 from P.W. 1 and sent it the next day through his subordinates to the police as well as to the court. Ex. P. 1 was received at the police station at Yercaud on 27-1-87 by P.W. 15 the Sub Inspector of Police who registered it as crime No. 5/87 for an offence under S.302, IPC. P.W. 16 the Inspector of Police took up investigation. He examined witnesses, held inquest, visited the scene and sent the body for postmortem.

(3.) P.W. 12 the Medical Officer attached to the Government Hospital, Yercaud conducted postmortem on the dead body of the deceased and found on the dead body, the following injuries and symptoms described by him in Ex. P. 11 the postmortem certificate. "External appearance: Discharge of frothy blood from the nostrills and discharge of fluid blood from the mouth. Dried blood stain over the middle of the chest. External Injuries: