PACHAIYAPPAN Vs. STATE

JUDGEMENT

(1.) Various charges were framed against the appellants/accused as a result of the investigation in Crime No.723 of 1999 on the file of the Gingee Police Station. The said crime was registered pursuant to a complaint given by PW-1 Mummurthy with reference to the murder of his father viz., deceased Pachayappan. The learned Additional Sessions Judge, Villupuram, after due trial, found A-1 and A-2 guilty under Sections 148 and 302 IPC. So far as A-3 and A-4 are concerned, he found them guilty under Sections 148, 302 and 326 IPC. While A-5 was found guilty under Sections 148 and 324 IPC., A-6 under Sections 147 and 341 IPC. The said Judgment of the learned Additional Sessions Judge in S.C. No.169 of 2000 is under challenge in this appeal.

(2.) The prosecution, in its endeavour to bring home the guilt of the accused, examined PWs-1 to 10, marked Exs.P-1 to P-24 and produced MOs-1 to 9. On behalf of the defence, two witnesses viz., DWs-1 and 2 were examined and Exs.D-1 to D-3 were marked.

(3.) The case of the prosecution, as unfurled from the oral and documentary evidence let in the by the prosecution, can be set out as under:- PW-1 is the son and PW-2 is the wife of the deceased. A-2 to A-4 are the sons of A-1 and A-5 and A-6 are coolis, working under A-1. All those mentioned above belong to the village called Aviyur in Gingee Taluk. The family of the deceased owns about 50 acres of land. Close to that, the accused also own lands. About one year prior to the occurrence, the deceased purchased land from one Sekar and Arjunan, who are the sons of one Arul, and in that regard, the accused had a grievance. The accused took their carts in the wet land of the deceased and in that regard, there had been dispute between the parties and in fact, both of them filed civil suits. On 22.9.1999, evening at about 5 P.M., PW-1 was doing some work in the field and at that time, A-3 drove a double bullock cart into that land. When PW-1 questioned about the conduct of A-3, he told PW-1 that he would do so and in fact, pushed PW-1 on the ground and slapped him on the cheek. A-3 at that time openly proclaimed that he will get people and deal with them. PW-1 then went home and informed the deceased so also his mother PW-2 about this event. The deceased then replied to PW-1 that since the accused will pass through only by the side of their house, he would question them in that regard at that time. On the same day, at about 8 P.M., the deceased and PWs-1 & 2 were sitting on the pial of the house. At that time, a cart driven by A-6 passed by the side of the house of the deceased. The deceased then questioned A-3 as to why he slapped PW-1 on the cheek earlier. Immediately, all the accused got down from the cart and PW-1 could identify them with the help of the top light in their house so also with the help of the street light. A-1 was having a pattai knife; A-2 an axe ; A-3 a knife; A-4 a koduval ; A-5 a cycle chain and A-6 was having a Koduval. All of them encircled the deceased and then started attacking him. A-2 attacked the deceased with axe on the left leg while A-3 with koduval cut the deceased on the head. Thereafter, A-4 with knife cut on the left wrist. A-1 cut the deceased on the right chest and again A-2 cut on the backside of the head. The deceased, who received injuries, fell down on the floor screaming. When PWs-1 and 2 went near, A-5 started attacking with cycle chain and it fell on PW-2. A-6 caught hold of PW-1 and when PW-2 came there to prevent, A-3 with koduval, cut PW-2 on the left hand. Following this, A-4 with knife cut PW-2 below the right knee. A-2 then again cut the deceased on the heels. Following this, A-3 with knife again cut the right and left side of the head of the deceased. A-5 beat the deceased with cycle chain. When PWs-1 and 2 shouted, they all ran away. PWs-3 and 4, who also belong to the same village, were standing at the relevant time near Bajanai Koil and chatting. On hearing the noise, they rushed to the scene, where they saw the accused running with weapons. PW-1 and his elder brother then took the deceased and PW-2 and proceeded to the Government Hospital, Gingee. PW-6 is the Doctor attached to the Government Hospital at Gingee. When he was on duty at 11.10 P.M. on 22.9.1999, the deceased was brought to the Hospital for treatment. The deceased was at that time conscious and oriented. The Doctor was told that the assault was by five known persons by using koduval at 8 P.M. on 22.9.1999 at the house of the deceased. He gave first aid and referred the patient to Jipmar Hospital, Pondicherry. Ex.P-6 is the accident register issued by him. The very same Doctor treated PW-2 at 11.30 P.M. PW-2 was found to be conscious and oriented. The Doctor was informed that the assault was by five known persons by using koduval, knife etc. at 8 P.M. on 22.9.1999 at her house. The Doctor noted as many as five injuries out of which injury Nos.1 and 2 were grievous. Thereafter, PW-1 took the deceased to Jipmar Hospital at Pondicherry, where they were advised to take the deceased to Madras for further treatment. Hence, they proceeded to Madras, but however, when they neared Chengalpattu, the deceased died. PW-1 returned back with the deceased to the Government Hospital, Gingee. On 23.9.1999 at about 8.30 A.M., PW-10, the Inspector of Police, was in Gingee Police Station. He received a message from Government Hospital, Gingee and proceeded to the Hospital. At the hospital, he examined PW-1 and recorded his statement Ex.P-1. The Inspector of Police thereafter returned to the police station and registered Cr. No.723/99 under Sections 302 IPC. etc. and prepared Ex.P-22 Express F.I.R. Ex.P-1 and P-22 were then sent to the Court of Judicial Magistrate, Gingee. He again went to the Government Hospital, Gingee. In the presence of panchayatdars and witnesses, he conducted inquest over the body of the deceased between 10.45 A.M. and 2 P.M. Ex.P.23 is the inquest report. He examined PWs-1, 2 and one Raman and recorded their statements. Necessary requisition was given to the Doctor to conduct post mortem. Thereafter, the Investigating Officer proceeded to the scene of occurrence and after inspecting the same, prepared Ex.P-2 observation mahazar and P-24 sketch in the presence of witnesses. MOs-6 to 8 were seized at the scene of occurrence under Ex.P-3 mahazar. The Inspector examined witnesses and recorded their statements. PW-7 is the Doctor at the Government Hospital, Gingee, who, after receiving the requisition Ex.P-9 from the Investigating Officer, conducted autopsy on the body of the deceased at 4 P.M. on 23.9.1999. Ex.P-12 is the post mortem certificate issued by the Doctor. In the post mortem certificate, the Doctor noticed as many as fourteen injuries. We here-under extract the injuries as described by the Doctor so also as to what he found in the internal examination:- " External Injuries:- 1. Cut injury over the left lower leg extending from the anterior to posterior aspect of the left leg 6 x 4 x bone deep associated with fracture of tibea and fibula. 2. Incised wound over the left heel 8 x 3 x bone deep. 3. Incised injury right heal over the lateral mallealous 8 x 3 x bone deep. 4. Lacerated wound over the left wrist joint 3 x 1 cm. x 1 cm. 5. Incised wound over the right anterior axillary fold 6 x 3 x bone deep. 6. Right ear lobe torn into two haves fee incised extending across the right ear transversely 6 cm. in length expony the mostrial process and external auditory mactus. 7. Lacerated injury over the right mastoid process associated with fracture of the mastoid bone 4 x 3 cm. x bone deep. 8. Cut injury left ear lobe injury involving the ear pina only transversely 2 cm. in length 1 cm. in width. 9. Incised wound over the occipital bone right side 6 cm. x 2 x bone deep associated with fracture of the occipital bone. 10. Multiple longitutional abrasion chain like impression over the left upper arm each 0.5 x 0.5 cm. 11. Similar chain like abrasion as injury NO.10 is over the back in the Interscapula area right lateral chest wall size 0.5 x 0.5 cm. with length 6 cm. 12. Abrasion right side scapular 4 x 2 cm. 13. Two abrasion over the back of neck 2 x 7 cm. each. 14. Chain like abrasion over the right shoulder 0.5 x 0.5 each length 4 cm. present. INTERNAL EXAMINATION:- 1. Head skull fracture of right temporal bone extending from the mustoid process to the middle of temporal bone fracture of the right side of occipital bone present. Meningited tear present at the corresponding fracture sites. BRAIN: congested about 50 ml. of blood clot present over the right temporal lobe. NECK: Larynx: Pharynx trachea congested. Hyoid bone preserved and in tact. Thorax right side 4th rib. Associated with congestion of muscles and blood clots present lungs congested. Heart : All four chambers empty. Abdomen, Liver, Spleen, Kidneys congested. Stomach 300 ml. of undigested food particles present. Intestines distended with gas both small and large intestine. Bladder empty. Penis and scrotum normal. Post mortem concluded on 23.9.99 at 5 P.M. The Doctor had opined therein that the deceased would appear to have died of shock and haemorrhage due to multiple injuries and injury to head, which is a vital organ, about 12 to 18 Hours prior to autopsy. On 3.10.1999 at about 5 P.M., on the basis of the information, the Inspector of Police proceeded to Ottampattu village and arrested A-2 and A-4 to A-6 in the presence of witnesses. On arrest, A-2 gave a voluntary confession statement and the admissible portion of the same has been marked as Ex.P-4. A-2 then took the police party and witnesses to a place in his garden and from hayrick produced MOs-1 to 5 and the same were seized under a mahazar Ex.P-5 at about 6.30 P.M. Thereafter, on 20.10.1999, he arrested A-1 and A-3 near Dindivanam Bus-stand in the evening at about 5 P.M. In the following days, he examined witnesses including Doctors and recorded their statements. Ex.P-20 is the chemical analysis report while P-21 is the report of the Serologist. The Inspector of Police,after completing the investigation, filed his final report.