KOZHI KARUPPASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant, who in the judgment will be referred to as the accused, was tried before the learned I Additional Sessions Judge cum Chief Judicial Magistrate, Thoothukudi, on a charge of murder with an allegation that at 7.00 p.m. on 30/12/1991, he caused the death of Esakkimuthu by cutting him with aruval and that during the course of same transaction, he also threatened P.Ws. 1 to 3 and others. The learned Sessions Judge, sentenced the accused to imprisonment for life for the offence of murder and also to four years rigorous imprisonment for the offence punishable under Section 506 (ii) I.P.C. Hence, the appeal.

(2.) The case of the prosecution is as follows: P.W. 1 is the younger brother of the deceased and they were residents of Thalaiyal Nadanthan Kulam. The accused was also related to the deceased and was a resident of the same village. Six months prior to the date of incident, the deceased was staying in the house adjacent to the house of the accused and as there were quarrels between the accused and the deceased, the deceased shifted his residence. On 29/12/199 1, one Poul, of the same village, was arrested in connection with a prohibition offence. On 30/12/1991, the deceased, Mariammal, P. W. 2, P. W. 3 and others went to the tea stall of Baluchamy and were waiting for the tea to be served. Baluchamy went out to purchase sugar and while the deceased and the witnesses were standing in front of the tea stall, the deceased made a remark that the accused has given information to the police regarding Poul and therefore, Poul was arrested. He also sarcastically stated that they should also give information to the Police about the conduct of the accused in committing theft of fowl and goat in the village. The accused, who was standing there, took the deceased to task as to how he will go over to the Police station to give such a complaint. A quarrel ensued between the parties and during the quarrel, the accused took an aruval and cut the deceased on the head and thereafter, on the neck. He ran away from the place after threatening the witnesses. When the witnesses examined, Esakkimuthu was found dead. P.W. 1, accompanied by P.W. 2, went to Kayatharu Police station, where the complaint, Ex. P.1, was given to P.W. 10, the SubInspector, who, on the basis of the said complaint, Ex. P.1, registered a case in Crime No. 715 of 1991 against the accused under Section 302 I.P.C., by preparing express reports. Ex. P.15 is a copy of the printed first information report. The investigation in the crime was, thereafter, taken up by P.W. 8, the Inspector of Police.

(3.) P.W. 8, on taking up investigation in the Crime, reached the scene of occurrence and prepared an observation mahazar and drew a rough sketch, which were marked as Exs. P.4 and P.8 respectively. He conducted the inquest between 3.00 a.m. and 6.00 a.m. on 31/12/1991 over the body of Esakkimuthu in the presence of panchayatdars and at the time of inquest, P.Ws. 2, 3 and others were examined and their statements were recorded. Ex.P. 13 is the inquest report. After the inquest, a requisition was issued to the doctor for conducting autopsy.