FAROOQ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellants in all the above three appeals were accused in S.C.No.262 of 1994 on the file of the I Additional Sessions Judge, Madurai, and they have been convicted and sentenced as follows:- (i) A1 to undergo R.I. for one year for the offence under Section 148 I.P.C. and imprisonment for life under Section 302 I.P.C.; (ii) A3 to undergo R.I. for one year under Section 148 I.P.C. and R.I. for two years under Section 324 I.P.C.; (iii) A5 to undergo R.I. for one year under Section 148 I.P.C. and R.I.for five years and to pay a fine of Rs.1,000/- in default to undergo S.I. for six months under Section 307 I.P.C.; (iv) A2, A6 to A9 to undergo R.I. for six months under Section 147 I.P.C.

(2.) The brief facts of the prosecution case are as follows:- At Madurai, cricket matches were conducted between local teams in the Race Course Ground for the past two years prior to the date of occurrence. On 29.12.1991, there was a match between the Armed Reserve Police Line team and Madurai Krishnapuram Colony team. P.W.1 Gopal, deceased Ramesh and P.W.6 Ilanchelian and their friends went to the Race Course ground to witness the match. Krishnapuram Colony team scored 125 runs in 20 overs. The Armed Reserve Police Line team, which played next, scored 108 runs in 17 overs. Since it became 6'O clock in the evening, Armed Reserve team expressed its inability to play continually, but the organizing committee insisted the Armed Reserve team to continue their playing as there were only another three overs to be played. But, the Armed Reserve team made a walk out. Therefore, Krishnapuram Colony team was declared to have won the match. P.W.1 and the deceased entered into the play ground in support of the Armed Reserve team and beat A2 Farooq, the Umpire. At 06.10 p.m., when P.W.1 and the deceased Ramesh were walking near Thamaraithotti, A1 Pondy, A2 Farooq, A3 Ramanathan, A4 Babu alias Richardbabu, A5 Mathi alias Mathialagan, A6 Kaalai, A7 Thiagi alias Ramesh, Bala alias Balachandran, A8 Raja alias Rajasekar and A9 Anand attempted to beat them, but they escaped. Thereafter, P.W.1 and the deceased went to the shop of P.W.1. After talking with friends at his shop, P.W.1 Gopal, P.W.2 Sankar Kannan, P.W.3 Shanmugam, P.W.4 Raja, the deceased Ramesh and three others went to P.W.4's house to take money from P.W.4's house for their food. When they were passing through D.R.O. colony around 07.15 p.m., all the abovesaid accused attacked them. A1 attacked the deceased on his left neck with a knife. When he attempted to stab the deceased again, the deceased prevented it with his left hand and therefore, sustained injuries on his left hand. A5 Mathi alias Mathialagan stabbed P.W.6 Illanchelian on his right side chest with a knife and caused injury. A3 Ramanathan stabbed on the back of P.W.1 Gopal and caused injury. Other accused pelted stones at them. The deceased Ramesh after sustaining stab injuries ran towards west and fell down. At that time, street lights and house lights were burning. P.W.1 Gopal fled from the scene of occurrence. With the help of his neighbouring shop owner, P.W.13 Vethanayagam, P.W.1 Gopal got admitted at the Government Rajaji Hospital, Madurai. P.W.6 was also admitted at the same hospital. The deceased Ramesh was brought to the Government Hospital. On the same day at 07.45 p.m. he died. The death report to the Police is Ex.P.15. (ii) P.W.15 Mathusudanan, Sub Inspector of Police, Thallakulam Police Station, who received a telephonic message from the Outpost Police Station of the Government Hospital, went there on the same day and collected Ex.P.15 death report and recorded Ex.P.1 complaint from P.W.1 Gopal at 09.15 p.m. At 10.00 p.m., he registered a case in Cr.No.1685 of 1991 under Sections 147, 148, 341, 323, 324, 307 and 302 I.P.C. Ex.P.16 is the First Information Report. He sent the original of the F.I.R. to the Court and copies to the higher officials. (iii) P.W.19 Navaneethakrishnan, Inspector of Police, Thallakulam Police Station, who received the copy of the F.I.R., proceeded to the scene of occurrence. On 29.12.1991 at 10.45 p.m., in the presence of P.W.5 Remijeas and one Chidambaram, he prepared Ex.P.2 observation mahazar and drew Ex.P.20 rough sketch. At 11.00 p.m., he recovered M.O.7 bloodstained cement flooring pieces and M.O.8 sample cement flooring pieces under the cover of mahazar Ex.P.4. At 11.15 p.m., he recovered M.O.5 bloodstained earth and M.O.6 sample earth under the cover of Ex.P.3 mahazar. At the scene of occurrence, he examined P.W.5 Remijeas, Chidambaram and one Gurunathan. On 30.12.1991 at 06.00 a.m., he went to the Government Rajaji Hospital and examined and recorded the statement of, P.W.6 Ilanchelian and recovered M.O.9 bloodstained lungi produced by him. He took P.W.1 Gopal from the ward to mortuary. Between 07.00 a.m. and 10.00 a.m., he conducted inquest on the body of the deceased Ramesh in the presence of panchayathars. Ex.P.21 is the inquest report. He also recovered M.O.2 bloodstained pant produced by P.W.1 Gopal, M.O.3 bloodstained lungi and M.O.4 bloodstained shirt produced by P.W.4. He examined and recorded the statements of, P.W.9 Abuthakir, P.W.13 Vedanayagam, P.W.15 the Sub Inspector of Police and other witnesses. He sent Ex.P.13 requisition through P.W.11 Muthuraj, Police Constable, to conduct postmortem on the body of the deceased. (iv) P.W.14 Dr. Thiyagarajan, Professor of Forensic Medicine, Madurai Medical College, conducted postmortem on the body of the deceased on 30.12.1991 at 10.15 a.m. and found the following injuries:-

(3.) On behalf of the prosecution, P.Ws. 1 to 19 were examined, Exs.P.1 to P.21 were filed and M.Os.1 to 13 were marked.