RAJAN Vs. INSPECTOR OF POLICE TAMARAIKULAM POLICE STATION

JUDGEMENT

(1.) C.A.No. 898 of 1997 is by the first accused and C.A.No.899 of 1997 is by the second and third accused in Sessions Case No. 40 of 1997 and in this judgement, the appellant in C.A.NO. 898 of 1997 and the appellants in C.A.No. 899 of 1997 will be referred to as "A.1 to A.3" in the order they were arrayed before the learned Sessions Judge. They were tried along with three other accused, who were arrayed as "A.4 to A.6" and the allegation against A.1 to A.6 is that at 8.00 a.m. on 14.2.1993, they formed themselves into an unlawful assembly and that A.1 to A.3 were armed with deadly weapons and they committed rioting and during the course of the same transaction, A.1 to A.3 murdered Chitravel by cutting him with aruvals and that Thiruvanandhaperumal, the brother of Chitravel, also sustained injuries in the course of the same transaction and that A.4 and A.5 shared the common object of A.1 to A.3 and that A.6 instigated them to cause the murder of Chitravel.

(2.) The learned Sessions Judge, while acquitting A.1 to A.3 under Section 148 IPC and A.4 to A.6 under Section 147 IPC., also acquitted A.4 and A.5 under Section 302 read with 149 IPC. and A.6 under Section 302 read with 109 IPC. He found A.1 guilty under Section 302 under charge No.4 and A.2 and A.3, though were also charged under the said charge, were found guilty only under Section 324 IPC. A.1, though was charged under charge No.3 under Section 302 IPC. on an allegation that he caused the death of Thiruvanandhaperumal, the learned Sessions Judge acquitted him of the said charge holding that Thiruvanandhaperumal died not on account of the injury sustained by him; but on account of natural casus and the learned Judge held him guilty for offence punishable under Section 326 IPC., since according to the prosecution, the injuries, which Thiruvanandhaperumal suffered at the hands of A.1, were grievous in nature. On being convicted under charge No.4 for the offence of murder, A.1 was sentenced to imprisonment for life and for the offence under Section 326 IPC. he was directed to suffer rigorous imprisonment for a period of five years. A.2 and A.3, who were convicted under Section 324 IPC. under charge No.4, were each sentenced to three years rigorous imprisonment and the appeals are against the said conviction and sentence.

(3.) The facts necessary to dispose of the appeal can be briefly summarised as follows:- The deceased, Chithiravel and Thiruvanandhaperumal, are brothers. P.W.1 is the son of Thiruvanandhaperumal. P.Ws.5 and 6 are the brothers of the deceased. A.1 and A.2 are brothers and A.3 is their neighbour. They are residents of Puviyur. The deceased and P.W.1 were carpenters by profession. P.W.1 was living with his parents. At about 6.30 a.m. on 14.2.1993 he found his cycle missing from the compound wall. He questioned the neighbours; but they could not give any information about the missing of the cycle. At about 7.30 a.m. P.W.1, accompanied by the deceased and Thiruvananthaperumal, went to the tea stall along with P.W.2. At the tea stall, he found all the six accused, who were taking tea. P.W.2 told A.5 that the cycle of P.W.1 is found missing and questioned them whether anyone had seen it. A.1 took objection to the manner in which they were questioned, asking the witnesses as to why they suspect them to be the thieves. He also threw the glass, which he was having in his hand, which fell on P.W.2 and caused an injury on his forehead. The deceased and Thiruvanandhaperumal, pacified the parties and they were returning to their house. When they were proceeding near Sivan Koil Street and were nearing the house of P.W.5, Samuthrapandian, A.1 to A.6 came from behind. A.1, who had a vetaruval kept concealed, took it out and cut Thiruvanandhaperumal on the left shoulder and on the stomach. A.1 inflicted another cut on the deceased, Chithiravel, on the back of his head and also inflicted two more cuts on the stomach and on the right knee. The deceased fell down. A.3 cut the deceased, Chithiravel, on the right hand and also on the right forearm. A.2 cut him on the face near the nose. P.W.1 raised alarm and asked them not to cut them. The accused threw stones. A crowd gathered. A.6 was heard shouting not to leave any of them alive. On seeing the crowd gathering, A.1 to A.3 ran away towards west followed by A.4 to A.6. P.W.2 also ran away from the place. P.W.3 and others were also standing there. Thiruvanandhaperumal and the deceased, Chithiravel, were placed in a taxi and taken to Thamaraikulam Police Station, where Thiruvanandhaperumal gave a complaint, Ex.P.12, to P.W.13, the Head Constable, who registered a case in Crime No. 38 of 1993 under Sections 147, 148, 307 IPC. Ex.P.13 is a copy of the printed first information report. The express reports were sent to the higher officials. P.W.2 was sent to the hospital by the police.