MANI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) A-1 in Sessions Case No.19 of 1999 on the file of the I Additional Sessions Judge, Tirunelveli, is the appellant in Cr. Appeal No.646 of 2000 while A-2 and A-3 are the appellants in Cr. Appeal No.647 of 2000. They, along with two other accused, were tried by the learned First Additional Sessions Judge for various charges including one under Section 302 IPC. (2 counts) read with 149 IPC. for causing the murder of one Durai Kutti @ Sowri Raj and Lourdu Micheal at about 3 P.M. on 25.12.1997 at Elandakulam. The Sessions Court, while acquitting the other two accused, found the appellant in C.A. No.646/2000 guilty under Section 302 IPC. (2 counts) and sentenced him to undergo life imprisonment and to pay a fine of Rs.5,000/-. The appellants in C.A. No.647 of 2000 were found guilty under Section-326 IPC. (2 counts) and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/-

(2.) Questioning the correctness of the said Judgment, Criminal Appeal Nos.646 and 647 of 2000 have been filed. The State of Tamil Nadu has filed Criminal Appeal No.134 of 2001, praying the Court to convict A-2 and A-3 under Section-302 read with Section 34 IPC (two counts). As all the above appeals have been filed as against the judgment in Sessions Case No.19/2000, the same can be disposed of by Common Judgment.

(3.) Duraikutti @ Sowri Raj (hereinafter referred to as "the 1st deceased"), Lourdu Michael (hereinafter referred to as "the 2nd deceased") and PW-4 Paulsamy are brothers. PW-1 is the wife of the first deceased. A-1's sister's husband is A-2. A-3 is A-2's brother's wife. The other accused, who have been acquitted, are closely related to these accused. The first deceased was a resident of Elandakulam, carrying on the business of tree-tapper. PW-1 has been engaged in the manufacture of hand-made beedis. About one month prior to the occurrence, PW-4 Paulsamy purchased some seedlings from Cheellappa viz., the husband of A-3 for which he had paid Rs.22/-. As the said amount only represented part of the sale price, Chellappa asked Paulsamy to pay the remaining amount and that was on a Monday. On the next day, Chellappa had beaten PW-4 Paulsamy in a paddy field at Velakulam. In this regard, there was a panchayat in the village. Chellappa refused to attend the panchayat. On that day, PW-4 Paulsamy had a guest from Pondicherry. On the next day, to give him a 'send-off', Paulsamy went to the bus-stand at about 2.15 P.M. and at that time, Chellappa had beaten Paulsamy. Immediately, Paulsamy complained about this to PW-3, the community leader in the village. Hearing about this incident, the 2nd deceased and PW-5 each armed with aruval ran towards west. Before that, PW-1 and the first deceased requested them not to go, but however, they did not heed to their request. Fearing that something untoward might happen, PW-1 and her husband went to meet PW-4 Paulsamy. But, Paulsamy was not available in his house. Thereafter, PW-1 and the first deceased ran towards west, near the bus-stand. At that time, they saw A-1 running with a velkambu, A-2 & A-3 with palai aruval and A-4 & A-5 with stones. Near the corner leading to Thalaikulam, A-2 attempted to cut PW-5. The first deceased asking A-2 not to cut, tried to catch him. At that time, A-1 with velkambu stabbed the first deceased on the chest and thereafter on the left and right hands and the first deceased fell down. Then, A-2 cut the deceased with aruval on the right shoulder. A-1 again with velkambu stabbed the 2nd deceased on his right hand, left hand, head, cheek and other places. While A-2 cut the 2nd deceased on the right hand, A-3 on the hip twice and other parts of the body. Thereafter, A-3 cut the first deceased on the neck, face etc. A-4 and A-5 threw stones aiming at both the deceased. Both the first and second deceased died on the spot. A-3 and A-5 then came to attack PW-1, but she somehow managed to escape, and went to Mukkudal Police Station. At the police station, she gave complaint Ex.P-1 and the same was reduced to writing and her signature was obtained. PW-18, the Sub Inspector of Police registered Cr. No.223/97 under Sections 147, 148, 323, 324 and 302 IPC. and prepared Ex.P-29, the Express FIR. Thereafter, the Express FIR and Ex.P-1 complaint were sent to the court of Judicial Magistrate and copies were sent to his superiors. PW-19 was the Inspector of Police at the relevant time in charge of Mukkudal police station. On 25.12.1997, he received a wireless message about the incident and proceeded to Mukkudal Police Station. After getting copy of the Express FIR, he proceeded to the scene of occurrence and reached there at about 5.30 P.M. After inspecting the scene, he prepared observation mahazar Ex.P-2 and sketch Ex.P-30 in the presence of witnesses PW-6 and others. Bloodstained earth MO-1 and ordinary earth MO-2 (in respect of 2nd deceased) were seized by him under Ex.P-3 mahazar in the presence of witnesses. Similarly, bloodstained earth MO-3 and ordinary earth MO-4 (in respect of first deceased) were seized by the Inspector under Ex.P-4 mahazar. Inquest over the body of the first deceased was conducted and Ex.P-31 is the inquest report. Similarly, he conducted inquest over the body of the 2nd deceased and Ex.P-32 is the inquest report. Both the bodies were sent to the Government Hospital, Ambasamudram with necessary requisitions. PW-12 is the Doctor attached to Ambasamudram Government Hospital. On the basis of the requisition Ex.P-23 from the Inspector of Police, she conducted post mortem on the body of the first deceased on 26.12.1997 at 1 P.M.. Ex.P-24 is the post mortem certificate issued by her, wherein she had noted the following:- " Its condition then was Rigor Mortis present in all four limbs. Post Mortem commenced at 1.00 P.M. on 26.12.1997. Appearances found at the post mortem: A male body lies on its back, moderately nourished, eyes closed. Ear & Nose no discharge, mouth opened, tongue inside. Teeth 8 + 8 8 + 8 External Injuries:-