K NATESAN Vs. STATE

JUDGEMENT

(1.) The appellant has assailed the judgment of the Court of Sessions, Thanjavur finding him guilty under Ss 302 and 201 of Indian Penal Code and awarding him life imprisonment for S.302 IPC and two years R.I. for S.201 IPC and ordering the sentences to run concurrently.

(2.) The appellant/accused stood charged under Ss 302 and 201 of I.P.C. alleging that he murdered one Abdul Kader by attacking him with kattai on his head at the burial ground situate on the Naswini River bank of Pazhanjur Village, in view of the refusal to pay Rs.25/- being the balance consideration towards the homosexual act of the deceased.

(3.) The facts of the prosecution case can briefly be stated as follows: P.W.1 Viswalingam is the Village Administrative Officer of Pazhanjur Village. On 10.12.1992 at about 11.00 A.M., his Village Menial Pakirisamy informed him that a dead body mostly burnt upto neck and face was found on the western side of Naswini river bed. Immediately, P.W.1 proceeded to the spot and found the dead body as described by his menial. At about 12.00 hours, he gave Ex.P1 report to P.W.14 Pitchai Pillai, Sub Inspector of Police, Adiramapattinam. P.W.15 Ramakrishnan, Inspector of Police, on the strength of Ex.P1, registered a case in Crime No.742 of 1992 under Ss 302 and 201 of I.P.C. He has despatched Ex.P17 express First Information Report to the concerned Court. He sent a requisition to the Government Hospital to conduct autopsy on the dead body at the said site. P.W.11 Dr.Selvarajan attached to Government Hospital, Adiramapattinam visited the site of incident, conducted autopsy over the said dead body and preserved the skull, bones and ashes to be sent for chemical analysis and superimposition of the skull. He found the following injuries. 8 cm x 2 cm x bone depth lacerated wound over left temporal and left parietal region with blood clot. O/S There is red coloured Jelly like blood clot, over left temporal and parietal region and scalp. There is a fracture of temporal left and parietal left. The fracture extending to middle cranial fossa. The membrane underneath the fracture ruptured. Brain liquified. The injury is antemortem in nature. P.W.11 Doctor has issued Ex.P10 postmortem certificate and has opined that the death is due to the injury to vital organ brain.