SEGAR ALIAS SIVANANDAM Vs. STATE

JUDGEMENT

(1.) The accused in Sessions Case No.85 of 1997 on the file of Additional Sessions Judge, Pondicherry at Karaikal is the appellant in the above appeal. He was charged for an offence under Section 302 of Indian Penal Code (in short "I.P.C.") on the allegation that he killed his father Pitchai Pillai on 21.04.1997 at about 2.00 p.m., by stabbing him with a knife on his chest. On the side of the prosecution, as many as 15 witnesses were examined and Exs.P.1 to P.27 and M.Os.1 to 8 were marked. On the other hand, on the side of the accused, neither any one was examined nor any document was marked in support of his defence. The learned Additional Sessions Judge after holding that the accused had committed an offence punishable under Section 304 Part II I.P.C. and taking note of the fact that the deceased father was aged about 65 years and also of the fact that the accused has to maintain three children and nobody to look after them, sentenced him to suffer rigorous imprisonment for a period of three years for the offence under Section 304 Part II I.P.C. Questioning the same, the accused has preferred the above appeal.

(2.) Heard the learned counsel for the appellant as well as learned Additional Public Prosecutor, Pondicherry for respondent.

(3.) The case of the prosecution is briefly stated hereunder: P.Ws.1 and 2 are the daughter and son of the deceased Pitchai Pillai. The accused is one of the sons of the deceased. P.W.2 and the accused are brothers and sons of deceased Pitchai Pillai. The accused, who was living separately used to pick up quarrel with his father Pitchai Pillai and his mother under the influence of liquor. It is the further case of the prosecution that the marriage of one Arumugam, another son of Pitchai Pillai took place on 20.04.1997 and he married to a Christian bride. The accused was not invited for the said marriage. While so, on 21.04.1997, at about 2.00 p.m., the accused came to the house of the deceased in a drunken mood, called his father and his brothers to come out of the house. The deceased came out of the house, followed by P.Ws.1 and 2. At that time, immediately, the accused uttered certain remarks against the family of Pitchai Pillai and later took a knife and stabbed Pitchai Pillai on his left chest, resulting him bleeding injuries. P.W.2 and Masi @ Masilamani, took the injured to the General Hospital, Karaikal. P.W.5 - the Casualty Medical Officer, on examination, found Pitchai Pillai brought dead. P.W.14, the Sub-Inspector of Police, Karaikal received the death intimation - Ex.P.5 from P.W.5 about the death of Pitchai Pillai. P.W.1 went to the police station and gave a complaint - Ex.P.1 regarding death of his father. P.W.14 registered a case in Crime No.50 of 1997 under Section 302 of I.P.C. Ex.P.25 is the printed First Information Report. P.W.15 - Inspector of Police, who received the message about the registration of case in Crime No.50 of 1997 under Section 302 of I.P.C. on 21.04.1997, took up further investigation. He went to General Hospital, Karaikal and found the body of the deceased kept in the mortuary. He also found that the accused was admitted in the Emergency Ward of General Hospital at Karaikal. P.W.15 seized the blood stained shirt, dhoti and baniyan of the accused under Magazar in the presence of witnesses. Ex.P.26 is the seizure magazar. On 22.04.1997, at about 7.45 a.m., he went to General Hospital, Karaikal along with panchayatars and conducted inquest between 8.00 a.m. to 10.30 a.m. Ex.P.4 is the inquest report. Exs.P.16 and 17 are the photos and negatives of the deceased Pitchai Pillai. On requisition from P.W.15, R.M.O., Karaikal conducted autopsy on the body of the deceased Pitchai Pillai. P.W.7 has been examined as Post mortem Doctor. He gave his opinion that the death has caused due to cordiogenic shock, as a result of injury sustained. Ex.P.7 is the chemical examination report and Ex.P.8 is the post mortem certificate. On 23.04.1997, at about 1.40 p.m., P.W.15 secured the accused in front of General Hospital, Karaikal and interrogated, arrested the accused and recorded his confession statement in the presence of P.W.13 one Selvaraj. Ex.P.23 is the admissible portion of the confession statement of the accused. On identification by the accused, the knife - M.O.4 was recovered and knife cover as M.O.8. P.W.15 also recovered the sample blood of the accused for investigation purpose. M.O.2 is the sample blood of the deceased. P.W.15, after showing M.O.4, requested P.W.7 to offer his opinion about the injuries under the said weapon. P.W.7 has also secured opinion from the Scientific Officer and Chemical Examiner. After completing the investigation, P.W.15 laid a charge sheet against the accused on 22.10.1997 under Section 302 of I.P.C. As stated earlier, the learned Additional Sessions Judge found the accused guilty under Section 304 Part II of I.P.C. and imposed a sentence of rigorous imprisonment for three years.