GOVINDASAMY Vs. STATE REP

JUDGEMENT

(1.) Learned II Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Krishnagiri, tried the appellants herein in Sessions Case No.152 of 1999 for charges under Sections 302 read with 34 IPC and 506 (II) IPC. for causing the death of one Chinnasamy at about 7.30 P.M. on 24.10.1998 in Kettesampatty Village. The Court found them guilty under Section-302 read with 34 IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs.1,000/-. For the offence under Section 506 (II) IPC., the court imposed rigorous imprisonment for three years and a fine of Rs.1,000/-. Being aggrieved by the said Judgment, the appellants have preferred the above appeal.

(2.) PW-1 is the son of the deceased. Accused-2 and 3 are related to the first accused as cousins. There was a land dispute between the first accused and the deceased. In this regard, the deceased gave a police complaint, but however, the police refused to intervene since they took the view that the dispute is one of a civil nature. Thereafter, a village panchayat was convened in this regard on 22.10.1998. Nothing happened in the said panchayat since, on that day, one of the panchayatdars failed to turn up. On 24.10.1998, when the panchayat met, 1st accused refused to attend the panchayat saying that unless the panchayat is convened in his place, he would not participate. On the fateful day, PW-1 and the deceased went to the house of Sarasu viz., the sister of PW-1 at Sithyampatti. That was at about 4.30 P.M. Thereafter, PW-1 and the deceased returned to the village at about 6 P.M. and they were proceeding from Sithyampatti to Nadukottai. The distance between these two places is about 4 Kms. They came by walk and when they reached near the land of one Marimuthu in Kettesampatti, it was about 7.30 P.M. The deceased was going in front followed by PW-1. The accused then suddenly appeared armed with weapons. A-1 saying ",j;njhL xHpe;J nghlh" stabbed the deceased with knife on the left neck and mouth while A-2 with suri knife stabbed the deceased on the forehead and cheek, and A-3 attacked the deceased with a stone on the chest. PW-1 was able to see this with the help of a torch light which he was having at that time. When PW.1 attempted to go near the accused, he was threatened by the 1st accused saying that he would also have the same fate if he comes near. Not only PW-1 but also PW-4, who also belongs to Kettesampatti Village and who happened to come there hearing the noise, witnessed the occurrence. The deceased who received injuries fell down and died on the spot. Thereafter, A-1 and A-2 ran away from the scene carrying the weapons with them so also A-3. Residents of Kettesampatti viz., Chinnamuthu, Pachiappan, Govindan and others then came there and saw the deceased lying dead. Thereafter, PW-1 proceeded to his house to inform the relatives and villagers. In fact, PW-1 fainted for a couple of hours after seeing the gruesome attack on the deceased by the accused. PW-2, the Village Administrative Officer of Thumbala Alli was informed at about 3.30 A.M. by PW-1. PW-2 reduced the statement of PW-1 to writing and the complaint is Ex.P-1 in which PW-1 signed. Thereafter, both PWs-1 and 2 proceeded to Karimangalam Police Station. At about 6 A.M., PWs-1 and 2 appeared before PW-13, the Sub Inspector of Police and gave a complaint. On the basis of the said complaint, he registered Cr. No.1237/98 under Section 302 IPC and prepared the Express F.I.R. Ex.P-18. He took steps to send the same to the Court of Judicial Magistrate and copies to his superiors. PW-15 is the Inspector of Police of Kaveripattinam Police Station and he was also in charge of Karimangalam Police Station. At about 8 A.M., he received the First Information Report, proceeded to the scene of occurrence and reached there at about 9.30 A.M. After inspecting the scene of occurrence, he prepared observation mahazar Ex.P-3 and Sketch Ex.P-20 in the presence of witnesses. He held inquest over the body of the deceased between 11.30 AM. and 3.30 PM. Ex.P-21 is the inquest report. During inquest, he examined Raman, Krishnan, Govindasamy, Venkattan and others and recorded their statements. Then, he took steps to send the body with a requisition to the Government Hospital for the purpose of conducting post mortem. PW-14 is the Doctor attached to Dharmapuri Government Head Quarters Hospital. Pursuant to the requisition Ex.P-16 from the Inspector of Police, he commenced the post mortem at 2 P.M. on 26.10.1998. Ex.P-19 is the Post Mortem Certificate. In the said Certificate, the Doctor had made the following notings:- “ A moderately built male body lying on its back, arms by the side. Eyes and mouth closed with loss of many teeth (only 6 teeth left) without any discharge from mouth, nostrils anus and urethra. External Injuries:

(3.) When questioned under Section 313 Cr.P.C., the accused denied having any complicity in the commission of the offence and pleaded total ignorance.