JAGADEESAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant/1st accused along with five others were tried in Sessions Case No.34 of 1997 on the file of the II Additional Sessions Judge, Coimbatore, for various charges in connection with the murder of one Raju on 4.6.1995 at about 7 p.m. in front of Elite wine shop in Perur Main Road, Selvapurm, Coimbatore. By Judgment dated 30th August, 1999, the trial Judge found the appellant alone guilty under Section 302 IPC. and sentenced him to undergo life imprisonment.

(2.) The case of the prosecution is as under:- A-1 to A-6 so also PWs-1 to 5 were living in the locality known as Selvapuram, Coimbatore. A-1 is the son of elder brother of A-5. A-5 and A-6 are husband and wife. A-6 is the aunt of A-1. The Municipal Authorities had put up a dust bin near the house of the deceased to enable the public to throw the waste into it. A dispute arose between the deceased and the family members of A-5 with regard to its user. In fact, there was a petty case registered by the police and some of the members of the accused party also had to pay fine before the Court of Judicial Magistrate, Coimbatore. On 4.6.1995, at about 7 p.m., PW-1 was returning after answering calls of nature via Perur Main Road. When he was nearing Elite wine shop, situated east of the bus-stop, he saw the deceased coming from the opposite direction. The accused were standing near the wine shop. At that time, A-1 suddenly caught hold of the shirt collar of the deceased and said . Saying so, he took out a knife from his waist and stabbed the deceased on the back, left side of the stomach and on the left thigh. Seeing this, PW-1 shouted "Iyyo, Iyyo". A-2 then got the knife from A-1 and stabbed the deceased on the stomach. Following this, A-1, after taking the knife from A-2, stabbed the deceased several times. PW-1 again shouted "Iyyo, Iyyo". Thereafter, all the accused ran away from the scene, taking the weapon with them. PW-2, who was coming behind PW-1, also shouted. At 7 p.m., PW-3 was standing in the bus stop and talking to his friends Ramesh and Jagannathan and he happened to see the occurrence. PWs-4 and 5, again residents of Selvapuram, were passing by at the relevant time when the occurrence took place, and they also witnessed the occurrence. Pws-1 and 2 took the deceased to the Government Hospital, Coimbatore. PW-13 is the Doctor attached to Coimbatore Medical College and Hospital at the relevant time. On 4.6.1995, at about 7.40 P.M., when he was in the Emergency Ward, the deceased was brought by PW-2. At the time of examination, according to the Doctor, the deceased was fully conscious and he told the Doctor that he was stabbed by a known person. Ex.P-12 is the accident register issued by the Doctor. The deceased was admitted as an in-patient. PW-13 sent an intimation in this regard to the out-post police station in the Hospital, which is marked as Ex.P-13. PW-11 is the Doctor, who was also working in the Emergency Ward in the said Hospital at the relevant time. Since the deceased died at about 7.55 p.m., PW-11 sent death intimation under Ex.P-9 to the Police. PW-1, after the death of the deceased at the hospital, proceeded to Selvapuram Police Station, where he met the Sub Inspector of Police (PW-15) at about 8.30 p.m. and gave an oral complaint and the same was reduced to writing. On the basis of the said complaint Ex.P-1, the Sub Inspector registered Cr. No.693/95 under Section 302 IPC. and prepared Ex.P-19, the printed FIR. The Sub Inspector then took steps to send Ex.P-1 as well as Ex.P-19 to the Court of Judicial Magistrate No.5 and copies to his superiors. PW-17 is the Inspector of Police, in charge of Selvapuram Police Station, at the relevant time. After receiving copy of the printed FIR., he proceeded to the scene of occurrence and reached there at 9 p.m. After inspecting the scene of occurrence, he prepared observation mahazar Ex.P-6 and sketch Ex.P-21 in the presence of witnesses. At the scene of occurrence, he seized MO-3 bloodstained earth and ordinary earth MO-4 in the presence of witnesses and the mahazar in this regard is Ex.P-7. On the same night, at about 11 p.m., along with witnesses, he went to Coimbatore Government Hospital, where the deceased's son by name Jeevanantham was there and he recorded his statement. The bloodstained dhoti and shirt of the deceased viz., MOs-5 and 6 respectively were seized under Ex.P-8 mahazar. Inquest over the body of the deceased was held between 6 a.m. and 10 a.m. on 5.6.1995. Ex.P-22 is the inquest report. During inquest, he examined PWs-1 to 3 and others. A requisition was sent by him to the Doctor to conduct post mortem. PW-16 is the Doctor at the Coimbatore Medical College and Hospital, who conducted post mortem at about 10.45 a.m. on 5.6.1995 on the basis of the requisition made by the Investigating Officer. Ex.P-20 is the post mortem certificate issued by him in this regard. The Doctor had made the following notings in the post mortem certificate:-

(3.) When examined under Section-313 Cr.P.C., the appellant/1st accused took a firm stand that he is not Jagadeesan and that his name is Maria Soosai and that he has nothing to do with the murder of the deceased Raju. To substantiate his case, he let in oral and documentary evidence. He got examined himself as DW-6. He has deposed that his name is Maria Soosai and his father name is John, that he is residing at B1/131, South Housing Board Colony, Selvapuram, Coimbatore, and that he had studied up to +2. According to him, all the school records would show that his name is Maria Soosai and not Jagadeesan. The mark list issued to him Ex.D-1; Sports Certificate Exs.D-2 and D-3; Transfer Certificate Ex.D-4; Community Certificate Ex.D-5; Register issued by Coimbatore Annai Velankanni Church Ex.D-6 and Recommendation letter given to him Ex.D7, were filed by him.