SUBBAN Vs. STATE

JUDGEMENT

(1.) THE appellants are accused 1 to 3 in S.C.No.45 of 1986 on the file of the learned Sessions Judge of Tirunelveli. A-2 Chelliah and A-3 Pondi are the sons of A-1 Subban. THEy were charged under Sec.302 read with Sec.34, I.P.C on the allegation that at about 5.30 a.m. On 14.2.1985 at Kovilpatti in furtherance of their common intention they caused the death of one Subbiah by A-1 Subban cutting his hands with an aruval, A-2 Chelliah cutting above his left knee joint with an Aruval and A-3 Pondi stabbing him with a knife on his stomach.

(2.) THE prosecution examined 14 witnesses, filed 22 Exhibits and marked 6 Material objects. Of the witnesses examined P.Ws.i to 3 turned hostile. THEse facts emerge from the evidence on record. Deceased Subbiah was a Sanitary worker in Kovilpatti Municipality. He was residing in Jothinagar Statin Colony. On 14.2.1985 at about 5.50 a.m. he was brought to Government Hospital, Kovilpatti with bleeding injuries by his relatives. P.W.7 Doctor treated him. It was represented to the Doctor that the deceased sustained injuries with aruval by three known persons near the Housing Board Quarters at Kovilpatti at 5.30a.m. on 14.2.1985. THE Doctor found these injuries on him. (1) A cut injury over medial aspect of upper arm right side close to axills 8 cm. x 4 cm. x 4 cm. with injuries to the muscle. (2) A curved cut injury at Posterior aspect lower 2/3 of right upper arm 15 c.m.x 8c.m.x 3 c.m. with injuries to muscles. (3) A cut injury on upper 1/3 of right forearm with injury to muscle 10 cm. x 6 cm. x 4cm. (4) A cut injury over below and backward to right axilla 12 cm. x 6 cm. x 4 cm. with injury to muscle. (5) A cut injury over right scapula region 8c-.m., x 4 cm. x 4 cm. with injury to muscles. (6) A cut injury over right parietal region of scalp 4 cm. x 2 cm. x 11/2 cm. (7) Deep cut injury over the right side of back. Lower back at join 10 cm. x 6 cm. x 6 cm. Profuse bleeding present. (8) Lower portion of right Pinna severed obliquely. (9) Deep cut injury left thigh dorsalty (Lower 1/3) 4 cm. above the left knee, measuring 13 cm. x 6 cm. x 8 cm. Femur exposed. (10) A cut injury medial aspect of upper 1/3 of left leg 4 cm. x 2 cm. x 1 cm. (11) An incised injury on right hypochondrium 3"x 1-1/2x1 cm. (12) A cut injury medial border of left forearm joint wrist 3 cm. x 3 cm. x 2 cm. (13) A cut injury over base of left index finger at Palmer aspect. (14) A cut injury over left shoulder 10 cm. x 5 cm. x 5 cm. Ex.P-8 is the relevant Wound Certificate. THE Doctor rendered first aid and referred him to Government Hospital, Palayamkottab. In the opinion of the Doctor all the injuries could have been caused at the time and in the manner alleged.

(3.) ON the same day at 1.15 IMP. W.6 Doctor commenced the post-mortem, and found these injuries. (1) 2.5 cm. length, 2 incised wound on both ankle done by the surgeon as a part of treatment. (2) Right Paramedian sutured incised wound on the upper part of the abdomen 11cm. long done by the surgeon as a part of treatment. (3) Sutured incised wound 7 cm. long horizontally oblique on the upper part of the right side of abdomen 4 cm. away from midline. (4) 6 cm. long on the inner aspects of upper XI 3 of left leg 8 cm. below the knee joint muscle deep. (5) 11 cm. long horizontally oblique in front of the left thigh. 4 cm. above the knee muscle deep. (6) 3 cm. long incised defence wound in the palm of left hand near the index and middle finger. (7) 3.5 cm. incised wound inner aspect of left wrist (defence wound) partially cutting ulna 2 cm. above wrist. (8) 2 cm. long incised wound muscle deep on the back of left forearm 5 cm. above the wrist. (9) 11 c.m. long incised wound on the left arm upper 1/3 muscle deep. (10) 12 cm. long incised wound on the inner aspect of upper 1/3 of right forearm cutting ulna. (11) 18 cm. long incised wound, muscle deep on the back of right arm in the middle. (12) 8 cm. long incised wound muscle deep on the front of right arm. (13) 2 cm. long incised wound muscle deep on the outer aspect of middle or right arm. (14) 11 cm. long incised wound on the right side of back 11 cm. above the hip bone. ON exploration Lumbar vertebra (2nd) from; out. (15) 14 cm. long on the anterior aspect of upper part of the chest and back (right side) muscle deep. (16) 12 cm. on the right Scapula region cutting Scapulae in situ. (17) 4 cm. long right side of the neek muscle deep 2 cm. below the ear. (18) 2 cm. long incised wound over the right ear lobe. (19) 3 cm. muscle deep over the right frontal region. (20) 2 cm. long on the right petichal region 8 c.m. above the ear partly cutting Parictal Bone. (21)3 cm. long on the right partietal region 4 cm. behind the wound No.(20). (22) 1.5. cm. muscle deep on the left side of abdomen 7 c.m. away from umbilicus. In the opinion of the Doctor, the deceased would appear to have died of shock and haemorrhage due to multiple injuries sustained by him. Ex.P-6 is the post-mortem certificate issued by the Doctor.