PALANI A1 Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A1 Palani was convicted for an offence under Section 302 of I.P.C. and A3 Subramani and A4 Arumugam were convicted for an offence under Section 302 read with 34 of I.P.C. and were sentenced to undergo R.I. for life by the learned Second Additional Sessions Judge, Tirunelveli. Assailing the judgment and conviction, this appeal has been filed.

(2.) Originally there were five accused. Even before the commencement of trial A2 Suran @ Krishnan died and therefore A1, A3, A4 and A5 alone faced trial. After trial, A5 was acquitted. A1, A3 and A4 were also acquitted in respect of Section 341 of I.P.C. and A3 was acquitted for the offence under Section 302 read with 109 I.P.C. Therefore, the appeal has been filed only by the three accused namely A1, A3 and A4.

(3.) The case of the prosecution in brief, is as follows:- a) P.W.1 Kannan is the son of the deceased Kathappan. P.W.2 Murugan is the son of the elder brother of the deceased. A1 Palani, A3 Subramani and A4 Arumugam are the sons of A5 Subbiah. All are residing in the same village. (b) The deceased has taken out a thope on lease. He used to go to the thope everyday in the morning and come back in the evening. One day prior to the date of occurrence, the deceased was in the thope and he attempted to molest the wife of A5. When this was informed to the Nattamai, P.W.4, he went to the house of the accused to enquire about the same. A5 and others asked P.W.4 not to interfere in this matter and that they would take care of the matter by dealing with the deceased in their own way. Thereafter, the accused went to the house of the deceased in search of the deceased. Since the deceased was not available in the house, P.W.5 Sudalaimuthammal, the wife of the deceased, was beaten. P.W.5 requested her son P.W.1 to take P.W.2 and go to the thope to bring the deceased safely to their home. Accordingly P.W.1, son of the deceased, and P.W.2 Murugan, the relative of the deceased, went to the thope and found the deceased in a hut in the thope. Both of them informed the deceased about the conspiracy of the accused to attack him and asked him to come along with him so that he can be escorted to the village safely and accordingly the deceased was brought by P.Ws. 1 and 2 to the village. (d) It was at about 9.45 p.m. on 29.6.96. On the way, A1 and A2 came there with Aruval. A3 and A4 also came there with sticks. All the accused intercepted the deceased and the witnesses. A3 and A4 caught hold of P.W.1, while A1 and A2 inflicted injuries on the neck, shoulder and forehead of the deceased. When P.Ws. 1 and 2 cried aloud, all the accused ran away from the scene of occurrence with the weapons carrying in their hands. (e) P.Ws. 1 and 2 saw the deceased dying on the spot. Then, P.W.1 on the advise of P.W.2 went to Courtralam police station and gave a complaint, Ex.P.1 at about 10.45 a.m. P.W.12 the Sub Inspector of Police registered a case in Crime No.240 of 1996. Ex.P.18 is the printed first information report. (f) P.W.13 the Inspector of police on receipt of the information about the murder rushed to the scene of occurrence at about 12.00 noon on 29.6.96 and prepared the Observation Mahazar Ex.P.2 and a rough sketch Ex.P.20. He also recovered blood stained earth M.O. 7 and sample earth M.O.8. He conducted inquest on the dead body of the deceased and the inquest report is Ex.P.21 . During the inquest he examined P.Ws.1, 2 and others. Then the body was sent for post mortem. (g) P.W.8, the Doctor conducted post mortem on 30.6.96 at about 11.00 a.m. He noticed that the deceased had sustained six cut injuries of various sizes. The Doctor gave the post mortem certificate Ex.P.7 giving his opinion that the deceased appeared to have died of shock and hemorrhage due to fatal injuries on the neck. (h) The next day i.e. on 30.6.96 P.W.13 arrested A1 and based on his confession statement he recovered M.O.1 aruval with blood stained. Then he continued with the investigation by examining the witnesses. He came to know on 3.7.96 that A2 Suran @ Krishnan, A3 Subramanian @ Mariappan and A4 Arumugam surrendered before the Judicial Magistrate, Tirunelveli. Then all the three accused were taken into police custody on 17.7.96. Based on the confession statements of A2 to A4, P.W.13 the Inspector of Police, seized M.O.2 Aruval from A2, M.O.3 stick from A3 and M.O.4 stick from A4. (i) Then P.W.13 arranged for sending the material objects for chemical examination. After completing the investigation, he filed a final report against A1 to A5 for offences under Sections 341, 342, 302 read with 109, 302 read with 120 (B) and 302 read with 34 of I.P.C.