JOHN KANNEDY Vs. STATE

JUDGEMENT

(1.) This Criminal appeal has arisen from the Judgment of the learned Sessions Judge, Tanjore made in S.C.No.41 of 1992 wherein the appellant was found guilty under S.302 of Indian Penal Code and was sentenced to undergo life imprisonment.

(2.) The appelant/accused stood charged for an offence under S.302 of I.P.C. alleging that on 29.12.1991 at 12 noon, he caused the death of Irudhayasamy by attacking him with an aruval on his head and different parts of the body and also stood charged for an offence under S.324 of I.P.C. for biting one Mohammed Harrif, who caught hold of him when the appellant/accused was above to escape.

(3.) The case of the prosecution for the disposal of this appeal can shortly be stated as follows: P.W.1 Patritia was residing with her parents at Jabamalai Matha Koil Street, Tanjore. Her senior paternal uncle, the deceased Irudhayasamy was also residing in the same street. The appellant/accused, the youngest brother of the said Irudhayasamy was a liquor addict and was leading an immoral life. The said Irudhayasamy used to condemn the accused for his nefarious activities. Enraged over the this, the aappellant/accused got annoyed. In view of the same, the relationship between the deceased and the appellant got strained. A few days prior to the date of occurrence, the appellant came to the house of the deceased, quarreled with him and left the house by stating that "who are you to condemn me. I will see to it". On 29.12.1991 morning, Jayamary, the wife of the deceased has gone outside. At about 12 noon, the deceased was attending his work in his house. The appellant/accused armed with an aruval came to the house of the deceased and shouted "Irudhayasamy come out". Uttering these words, he trespassed into the house of the deceased. Seeing this, P.W.1 Patritia and P.W.2 Chandrasekaran, the son of the deceased raised alarm and followed the appellant. The appellant pushed the deceased down, sat over his chest, cut him indiscriminately on his neck and head and caused his death instantaneously. The inhabitants of the neighbouring house, on hearing the alarm, rushed to the place of occurrence. The appellant, who was armed with aruval, threatened them with dire consequences. At the request of P.W.5 Sundaram, one Harrif and Selvaraj caught the appellant red-handed. When they secured aruval, the appellant had bitten Mohammed Harrif in his hand. Immediately, P.W.5 phoned over to Tanjore East Police Station. P.W.9 Almas Ali, the Sub Inspector of Police, who was on duty by 12.30 P.M., received the telephonic message and proceeded to the place of occurrence. P.W.9 Sub Inspector of Police recorded the statement of P.W.1 Patritia, which was marked as Ex.P1. The Sub Inspector arrested the appellant/accused in the presence of Mohammed Harrif and Selvaraj and recovered M.O.1 Aruval from him under Ex.P6 Mahazar. P.W.9 took the appellant to the Police Station and registered a case in Crime No.1053/91 under S.302 of I.P.C. The express F.I.R. marked as Ex.P7 was despatched to the concerned Judicial Magistrate's Court immediately. P.W.10 Adheenam, who was the then Inspector of Police, Tanjore East, on receipt of the copy of the F.I.R. by 2.50 P.M., took up the investigation and proceeded to the scene of occurrence, and on inspection, he prepared Ex.P2 Observation Mahazar and Ex.P10 rough sketch. At about 3.30 P.M. the Investigation Officer recovered M.O.4 bloodstained wooden stick, M.O.5 a pair of bloodstained chappels, M.O.6 blood stained sleeved banian, M.O.7 bloodstained earth and M.O.8 sample soil under Ex.P3 Mahazar. The Investigation Officer conducted the inquest on the body of the deceased between 3.45 P.M. and 5.30 P.M. in the presence of the witnesses and prepared Ex.P11 inquest report. He enquired the witnesses present and recorded their statements. P.W.10 sent the body of the deceased along with the requisition for autopsy through P.W.8 Police Constable Chandrasekaran. On receipt of the said requisition, P.W.7 Dr.R.Premila, attached to the Government Hospital, Tanjore, commenced and conducted the autopsy on the dead body of Irudhayasamy. The Doctor witnessed the following injuries on the dead body. 1. An oblique incised wound over the left side of occipital region 7 x 24/2cm x bone deep cutting the occipital bone partially. 2. A horizontal incised wound over the left side of neck in its upper part 7 x l x ? cms with tailing anteriorly, measuring 4 cms. The wound is situated 3 cms below the left mastoid. 3. An incised wound over the right side of neck at its middle 6 x 1 ? x ? cms horizontally placed with a tailing of 1 cm at its posterior end. 4. A gaping oblique incised wound over the front and right side of neck 9 x 5 cms cutting trachea oesophagus and partially cutting the 6th cervical vertebra. It has also found to cut sterno-mastoid muscles partially and the right common carotid artery and right internal jugular vein (major blood vessels) and vaegous nerve. 5. An incised wound seen over the top of right shoulder 4 x 1 ? x 1 cms. 6. An incised wound seen over top of right shoulder 2 x ? x L cms ? cm above wound No.5. 7. An oblique incised wound seen over the left supra clavicular region 3 x 1 ? x L cms at the junction of inner and middle 3rd of left collar bone. 8. An oblique incised wound over the upper part of right shoulder blade region 5 x ? x L cms. The Doctor has issued postmortem certificate under Ex.P5. The Postmortem Doctor who was examined as P.W.7, has opined that the deceased would appear to have died of shock and haemorrhage due to multiple cut injuries.