GOVINDARAJ Vs. STATE

JUDGEMENT

(1.) The appellants/accused were tried by the First Additional Sessions Judge-cum-Chief Judicial Magistrate, Salem, in Sessions Case No.94 of 1999, for causing the death of one Murugan @ Keerikutti in Ayodhyapattinam-Arur Main Road, Perur, on 17th August, 1996. By Judgment dated 4th February, 2000, the learned trial Judge found A-1 to A-5 guilty under Section 302 read with 149 IPC and sentenced them to undergo life imprisonment. The Court also found A-1 to A-3 guilty under Section 148 IPC. and A-4 and A-5 guilty under Section 147 IPC. Questioning the correctness of the judgment, the above appeal has been filed.

(2.) The case of the prosecution can be set out as under:- PW-1 is the brother of the deceased. PW-4 is the wife of the deceased. PW-3 is owning a tea-stall near Subramania Koil at Nandavanam Street in Ayodhyapattinam. ` PW-1 Thangaraj was running a tea shop at Ayodhyapattinam. PW-3 Ayyavoo and PW-7 Raju Nadar were also having shops at Ayodhyapattinam. The deceased by name Murugan alias Keerikutti was involved in smuggling of sandalwood and originally, he was associated with one Sakthivelu. Some misunderstandings arose between them about six months prior to the occurrence with reference to sharing of money they got, with the result their relationship got strained. As usual, PW-1 was in his tea-stall on 17.8.1996. As there was no customer at about 6 p.m., he came out of his tea shop and was standing in the road. At that time, the deceased Murugan @ Keerikutti came in a Yamaha Motor-cycle at a good speed. PW-1 stopped the deceased and enquired him as to where he was proceeding at such a high speed. The deceased replied that he had stabbed one Sakthivelu in the course of a quarrel with him at Thathanur and that he was on his way to bring a Doctor to treat Sakthivelu. The deceased then proceeded further to some short distance and after parking his two-wheeler in front of Murugan Temple, he was walking back towards the shop of PW-1. As the deceased was nearing the flag-post, all the accused came there and A-4 and A-5 caught hold of the hands of the deceased and at that time, A-1 was armed with suri knife, A-2 with veechu knife and A-3 with koduval. First, A-1 stabbed the deceased with suri knife on his stomach. When A-2 came to stab the deceased, the latter raised his hand appealling A-2 not to cut and the cut fell on the hands of the deceased. A-3, with the koduval, cut the deceased on the head twice or thrice. Seeing this, PW-1 ran raising alarm. PW-2 Murugan, one Venkatesh and others in the nearby shops also came running. Seeing this, all the accused ran away, taking the weapons with them. PW-1 noticed injuries all over the body of the deceased. The deceased died on the spot. PW-1 then sent a word to the parents and wife of the deceased. A complaint was written in the shop of PW-1 and thereafter, he proceeded to the police station to hand over the same. PW-13 is the then Sub Inspector of Police in Karipatti Police Station. At about 7 P.M. on 17.8.1996, PW-1 appeared before him and gave the complaint Ex.P-1. PW-13 registered Cr. No.714/96 under Section 302 IPC. etc. and prepared Express F.I.R. Ex.P-22. He sent the original of the report to Judicial Magistrate No.II and copies to his superiors. Since the Inspector was on some other duty, wireless message was sent to him. PW-14 is the Inspector of Police, who, on receipt of the wireless message, proceeded to the scene of occurrence, where he reached at 8 P.M. There, the Inspector was given copies of the Express First Information Report by Police Constable-1105. The Inspector then prepared observation mahazar Ex.P-2 and sketch Ex.P-23, attested by witnesses. He held inquest over the body of the deceased between 8 p.m. and 12 midnight on 17.8.1996 and Ex.P-24 is the inquest report. The Inspector then took steps to send the body of the deceased along with a requisition to the Doctor to conduct the post-mortem examination. At the scene of occurrence, the Investigating Officer seized ordinary earth and bloodstained earth MOs-4 and 5 respectively under Ex.P-5 mahazar in the presence of witnesses. The other witnesses by name Mani and Arumugam were examined and their statements were recorded. On the subsequent day, that was on 18.8.1996, other witnesses were examined by the Investigating Officer. PW-11 is the Doctor attached to Salem Medical College and Hospital, who, pursuant to the requisition received from the Inspector of Police, commenced the post-mortem at 10.45 a.m. on 18.9.1996. Ex.P-13 is the post-mortem certificate, wherein, the Doctor has noted the following:- " Injuries:- 1. A vertical incised wound, on the right temple region 2 cms. x 0.5 cm. x bone deep. 2. An oblique incised wound, on the right side of forehead, 2.5 cms. x 0.5 cm. x bone deep, 2 cms. above the right eye brow. 3. An oblique incised wound, on the right side of forehead, 3 cms. x 1 cm. x bone deep, 2.5 cms. outer to the mid line. 4. A coronal is placed incised wound, on the right parietal region 6 cms. x 1 cm. x bone deep. 3.5 cms. outer to the midline. 5. A Transverse incised wound on the right side of occipital and right temporal region of scalp, 11 cms. x 2 cms. x bone deep, the inner end lies on the midline, 3 cms. above the external occipital protuberance. O/E, the underlying right parietal and temporal bones are found cut [cut fracture]. Diffusion of blood in the underlying tissues present. 6. An oblique incised wound, on the back of upper 3rd of right arm, 5 cms x 1 cm. x muscle deep. 7. An oblique stab wound, on the back of lower 3rd of right arm, 3 cms. x 1 cm. x bone deep. On examination, the shaft of lower 3rd of right humerus is found partially cut (cut fracture) with blood clots in the vicinity. The upper inner end of the wound is sharp, the lower outer end is curved, edges clean out. 8. An oblique incised wound, on the back of lower 3rd of right forearm, 7 cms x 4 cms. x bone deep. O/E, the shaft of underlying ulna bone is found completely cut (cut fracture) with blood clots in the vicinity. 9. An oblique incised wound, on the back and palmar aspect of right hand 13 cms. x 7 cms. x exposing the underlying structures with a tailing of 1 cm. on the palmar aspect. On examination, the underlying 2nd, 3rd, 4th and 5th metacarpal bones blood vessel nerves muscles and tendons are found cut. Diffusion of blood in the surrounding area present. 10. An incised wound, on the inner aspect of lower 3rd of right forearm, 4 cms. x 2.5 cm. x skin deep. 11. An oblique incised wound, on the back of middle 3rd of left forearm, 4 cms. x 2.5 cms. x bone deep. O/D, the shaft of left ulna is found cut (cut fracture) the blood vessels, nerves are found cut with blood clots in the vicinity. 12. A transverse incised wound, on the back of lower 3rd of left forearm, 1 cm. above the left elbow, 6 cms. x 4 cms. x bone deep. O/E, shaft of lower 3rd of both the bones of left forearm is completely cut, (cut fracture) blood vessels, nerves and muscles and tendons are completely cut. Skin is intact on the front. Diffusion of blood in the vicinity. 13. An oblique incised wound 2 cms. x 1 cm. x muscle deep on the inner aspect of left elbow. 14. A transverse incised wound, on the back and palmar aspect of left hand, 16 cms. x 5 cms. exposing the underlying structures. O/D, the metacarpal bone, 2, 3, 4 and 5 are found cut, the blood vessels, nerves and muscles are found cut. Diffusion of blood in the vicinity.] 15. An oblique incised wound, on the front and inner aspect of lower 3rd of left forearm and left hand, 7 cms. x 4 cms. exposing the underlying structure. O/E, the underlying carpal bone is found partially cut, the blood vessels and nerves and muscles and found clean cut. Diffusion of blood in the vicinity. 16. An incised wound, on the back of middle of left index finger, 3 cms. x 1 cm. x exposing the underlying structures. O/E, the 2nd phalanx is found completely cut, blood vessels, nerves and tendons are found cut, skin intact on the front. Diffusion of blood in the vicinity. 17. An oblique incised wound, on the 3rd inter digital space, 7 cms. x 3 cms. exposing the underlying structures, the left ring finger is found completely cut at the level of proximal phalanx, the distal portion is found missing. On further examination, the proximal phalangeal bone of left middle finger is found completely cut. Diffusion of blood in the vicinity. 18. A transverse incised wound, on the palmar aspect of left hand at the base of left thumb, 3 cms. x 1 cm x muscle deep. 19. An oblique incised on the front of right side of chest, 8.5 cms. x 3 cms. deep to the cavity 1 cm. outer to the midline. 20. An oblique incised wound, on the front of left side of chest and front of left side of abdomen, 13 cms. x 4 cms. x deep to the cavity. The upper inner end lies on the midline. 21. An oblique incised wound, on the front of lower part of right side of chest and front of right side of abdomen 16 cms. x 7 cms. deep to the cavity, 1 cm. outer to the midline, 1.5 cms upper and outer to the umbilicus,1.5 cms. lower and outer to the wound no.19. 22. A transverse incised wound, on the back of right side of chest 3 cms. x 1 cm x cavity deep. ON OPENING THE THORAX AND ABDOMEN:- 23. On dissection of wound No.19, the 4th and 5th ribs close to the sternum on the right side are found completely cut (cut fracture) along with the intercostal muscles blood vessels and nerves. Diffusion of blood in the surrounding area present. 24. On dissection of wound NO.20:- the Xyphisternum and lower part of the body of the sternum are found completely cut (cut fracture). Diffusion of blood in the surrounding area present. 25. On dissection of wound No.21:- 6th and 7th and 8th ribs on the front of right side of chest are found completely cut. Diffusion of blood in the surrounding area present. 26. Two incised wounds, on the right lobe of liver, each measuring 8 cms. x 0.5 cm x 3 cms. 27. An incised wound, on the left lobe of liver, 7 cms. x 0.5 cms. x 4 cms. The peritoneal cavity contains 100 ml. of fluid blood with clots. 28. A stab wound, on the lower lobe of right lung, 4 cms. x 3 cms. x 0.5 cms. The right side of thoracic cavity contains, 200 ml. of fluid blood, the left side – empty. Right lung – vide injury column. Left lung on c/s.-pale. 29. A stab wound, on the lesser curvature of stomach, 3 cms. x 1 cm. x deep to the cavity. 30. A stab wound on the front of body of stomach. 1 cm. above the greater curvature 1.5 cms. x 0.5 cm. x. deep to the cavity. 31. 3 tears on the jejunum each measuring 4 cms. x 2 cms. x lumen deep through which intestinal contents are coming out. 32. On opening the scalp, sub scalpular bruising of right parietal and temporal regions – Dark red. 33. Fissured fracture of right parietal and temporal bones communicates with the cut fracture. 34. An incised wound, 4 cms. x 1 cm. of right occipital lobe. 35. Intra cerebral haemorrhage on the right occipital lobe, present. 36. Fracture separation of lambdoid suture on both sides and right middle cranial fossa, posterior crania fossa communicates with the external fracture, in a single line. All are antemortem in nature." The Doctor had opined in the said certificate that the deceased died of shock and haemorrhage due to multiple injuries. On 18.8.1996, the Inspector recovered bloodstained cloths of the deceased and started searching for the accused. On 21.8.1996, he came to know that all the accused surrendered before Judicial Magistrate No.4. The Investigating Officer then made a requisition to the Court to secure police custody of the accused and on 30.08.1996, the accused were handed over for police custody. The accused were taken to Karipatti Police Station and at 9 A.M. on 31.8.1996 A-1 was enquired in the presence of witnesses Murugan and Kandasamy when he gave a voluntary confession statement and the admissible portion of the same is Ex.P-25. Thereafter, the 2nd accused gave a voluntary confession statement and the admissible portion of the same has been marked as Ex.P-26. A-3 also separately gave a voluntary confession statement and the admissible portion of the same is Ex.P-27. All the accused were enquired separately, but in the presence of witnesses. The accused then took the police party in the afternoon at about 1.30 P.M. to the Mettupatti-Thathanur burial ground. A-1 produced MO-1 suri knife from a thorny bush in the burial ground and the same was recovered under Ex.P-28 mahazar. Similarly, A-2 produced MO-2 veechu aruval from a different bush, but in the same burial ground and that has been recovered under Ex.P-29 mahazar. Thereafter, A-3 also produced MO-3 Koduval, which he had hidden earlier in an another bush, in the same land and that was recovered under Ex.P-30. These mahazars were attested by Kandasamy and Murugan. The Investigating Officer then sent the accused for remand. Steps were taken to send the weapons for chemical analysis. Ex.P-20 is the report received from the Forensic Sciences Department. The Investigating Officer, after completing the investigation, filed his final report on 14.11.1996.

(3.) At the trial, the prosecution examined PWs-1 to 14, marked Exs.P-1 to P-30 and produced Mos.1 to 8. On behalf of the defence, Exs.D-1 to D-3 were marked. The General Diary of Veeranam Police Station for the period between 18.7.1996 and 24.8.1996 has been marked as a Court Exhibit.