VAITHIALINGAM Vs. STATE

JUDGEMENT

(1.) Appellants (A-1 to A-4) were convicted for the offences punishable under Sections 341 and 302 read with 34 IPC and sentenced to undergo one month simple imprisonment and life imprisonment and to pay a fine of Rs.1,000/- each respectively. In addition to that, appellant No.4 (A-4) was convicted for the offence under Section 324 IPC and sentenced to undergo six months simple imprisonment. The sentences imposed on the accused were directed to run concurrently. Challenging the same, this appeal has been filed.

(2.) The prosecution case in brief is as follows : (a) Vaithialingam (A-1), Selvam (A-2) and Kutty (A-3) are the sons of Natarajan (A-4). They belong to Nadar community. The deceased Appiranantham is a resident of Arunachalaperi village. The accused are the residents of Kasiapuram village. Both Arunachalaperi and Kasiapuram are adjacent villages near Alangulam Town. P.W.1 Issaikidurai and P.W.4 another Issaikidurai are the relatives of the deceased. P.W.7 Parameswari is the wife of the deceased. The deceased Appiranantham was doing finance business. About three years prior to the date of occurrence, he had joined the chit run by A-2. Though he became the highest bidder in the chit and took the amount, he defaulted in making periodical payments of chit. When A-2 demanded the deceased to make payment, the deceased told him that unless he repays the loan of Rs.8,000/-, which the deceased had given to him about five years back, he would not make the regular payments. Regarding this, there was a misunderstanding. A-2 issued a lawyer's notice to the deceased for default in payment of chit amounts. (b) During the month of September, 1994, A-1 Vaithialingam, the elder brother of A-2, came to Arunachalaperi in a tractor to load paddy. When he saw the deceased walking along the road, he tried to hit the deceased. The deceased jumped and escaped. The tractor fell down in a ditch, by which A-1 sustained injuries. With regard to this, A-1 made a complaint to the police against Appiranantham, the deceased, and his wife. The said complaint is Ex.P-19. This complaint was referred as "a mistake of fact". Thus, there had been enmity between the deceased and the accused. (c) On 12.01.1995 at about 08.15 p.m., the deceased Appiranantham was riding his Rajdoot Motorcycle, in the Nettor Road in Alangulam Town, P.W.4 Issaikidurai was the pillion rider. P.W.1 Issaikidurai was following the deceased in his TVS Champ, keeping one Govindasamy in the pillion. They were proceeding towards their village Arunachalaperi. While crossing Subramania Nadar's house, A-1 to A-4 suddenly appeared at the scene with aruvals in their hands and restrained the deceased from proceeding further. When the deceased stopped the vehicle, the accused began to attack the deceased. A-4 Natarajan gave a cut with the aruval on the back of P.W.4. Then, P.W.4 ran away from the scene of occurrence. Thereupon, the accused continued to attack the deceased, as a result of which, the deceased died on the spot. P.W.1 and Govindasamy made a hue and cry. The public gathered. All the four accused ran towards north with aruvals. Then, P.W.1 came near the old Police Station and found the injured P.W.4 standing nearby. He asked Muthudurai, cousin of P.W.4, to take P.W.4 to the Tirunelveli Medical College Hospital in a hired van. Accordingly, the said Muthudurai took P.W.4 to the Tirunelveli Medical College Hospital and admitted him at 9.00 p.m. In the meantime, P.W.1 went to the Alangulam Police Station and gave a complaint at 08.45 p.m. to P.W.12 Sub-Inspector of Police. Ex.P-1 is the complaint and Ex.P-14 is the F.I.R. A case was registered for the offences under Sections 302 and 324 IPC. (d) P.W.13 Doctor, attached to Tirunelveli Medical College Hospital, examined P.W.4 at 9.00 p.m. He issued Ex.P-15 Accident Register and gave treatment. P.W.13 then sent Ex.P-16 intimation to the Out-post Police Station attached to Tirunelveli Medical college Hospital. (e) In the meantime, P.W.14 Inspector of Police, on receipt of F.I.R. from P.W.12 Sub-Inspector of Police, took up investigation at about 09.30 p.m.. He went to the scene of occurrence and prepared Ex.P-12 Observation Mahazar and Ex.P-17 Rough Sketch. He conducted inquest over the dead body of the deceased. Ex.P-18 is the Inquest Report. He examined P.W.1 Issaikidurai, Govindasamy, P.W.7 Parameswari and another. Thereafter, he arranged for sending the dead body for post-mortem. (f) P.W.2 Doctor conducted post-mortem on the dead body of the deceased on 13.01.1995 at 11.00 a.m. He noticed as many as 28 injuries on the body of the deceased; issued Ex.P-3 Post-mortem certificate and opined that the deceased would appear to have died of shock and haemorrhage due to multiple injuries and head injuries. (g) On 13.01.1995 at about 02.30 a.m., P.W.14 Inspector of Police came to the spot and recovered blood stained earth (M.O.11), sample earth (M.O.12) and Rajdoot Motorcycle (M.O.6). Then, he went to Tirunelveli Medical College Hospital and obtained a statement from P.W.4. Thereafter, P.W.14 took steps to arrest the accused. On 18.01.1995, when he came to know that all the accused surrendered before the Court at Koilpatti, he took all the four accused under police custody on 27.01.1995. He was able to get confession only from A-1 and A-2 and in pursuance of the same, he recovered M.O.3 aruval from A-1 and M.O.4 aruval from A-2. Then, the accused were sent for judicial custody. He arranged to send all the material objects for chemical examination. After completing the investigation, he filed charge sheet against the accused for the offences under Sections 341, 302 read with 34 and 324 IPC.

(3.) After framing the charges, the trial went on against the accused. During the course of trial, on the side of prosecution, P.Ws.1 to 14 were examined, Exhibits P-1 to P-19 were filed and M.Os.1 to 12 were marked.