ARUMUGAM Vs. STATE THROUGH INSPECTOR OF POLICE NILAKOTTAI POLICE STATION NILAKOTTAI TALUK DINDIGUL DISTRICT

JUDGEMENT

(1.) THE present Criminal Appeal has been filed by the appellants/accused against the conviction and sentence passed by the Additional Sessions Judge(Fast Track Court), Dindigul, Dindigul District, dated 11th February 2005 made in S.C.No.107/2004, convicting the accused 1 and 2 for the offence under Section 304(2) I.P.C. and sentencing each of them to undergo rigorous imprisonment for a period of three years and directed to pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) jointly as compensation to the wife and children of the deceased, in default each of them to undergo imprisonment for a period of two years imprisonment.

(2.) THE facts of the case is that when the deceased was playing with marbles along with two others, at that time the accused prevented and taken the marbles and refused to give and due to that quarrel, the accused attacked the deceased on the face, chest and abdomen by using their right leg and the deceased became unconscious. Thereafter, he was taken to the Nilakottai Government Hospital. P.W.8 is the Doctor, who gave treatment to the deceased in the hospital. Thereafter, P.W.1-the wife of the deceased gave complaint before the police which is marked as Ex.P.1. On receiving the information from the Government Hospital and on receiving the complaint from P.W.1, P.W.11-the Sub- Inspector of Police went to the spot at 05.45p.m. and investigated the matter and Cr.No.519 of 2002 has been registered in the printed form of First Information Report. Thereafter he sent a copy of F.I.R. to his Superiors. Thereafter he started the investigation and examined the eye-witnesses P.W.2 and P.W.3. P.W.6, who is also yet another eye-witness turned hostile. Thereafter the accused were arrested by P.W.13-the Investigating Officer and the accused gave confession by producing the marbles and it was recorded in the presence of P.W.5 and thereafter, the father of the accused was also examined as P.W.6. P.W.7 is the Observation Mahazar witness. P.W.8 is the Doctor, who gave treatment to the deceased and after 30 minutes, the deceased died. The body of the deceased was sent to postmortem and P.W.9 is the Doctor, who conducted autopsy and the intestine of the deceased had been taken and sent for chemical analysis. P.W.11, the Sub-Inspector of Police registered the First Information Report. P.W.12 is the Scientific Assistant. P.W.13 is the Investigating Officer and after investigation, he laid a charge sheet against the accused under Sections 341 and 302 I.P.C.

(3.) THE vehement contention of the learned Counsel for the appellants/accused is that on 29.09.2002 at about 01.45p.m., while they were playing, the accused attacked the deceased. But according to the case of the prosecution, the accused attacked the deceased only by using hands and legs, which would not cause death to the deceased. Further, the scientific report would indicate that the death is due to different reasons. Hence, he prayed that the present Criminal Appeal has to be allowed.