ASHOK Vs. STATE

JUDGEMENT

(1.) Ashok, A.1 was convicted under Section 324 I.P.C. and sentenced to undergo two years rigorous imprisonment, A.2 Nagaraj was convicted under Section 302 and 324 I.P.C. and sentenced to undergo life imprisonment and two years rigorous imprisonment and to pay a fine of Rs.2,000/- and A.3 Duriodanan alias Devibalan was convicted under Section 302 read with 114 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/- and the sentences were to run concurrently. Challenging the said conviction and sentence, the appeal has been filed by A.1 to A.3.

(2.) The case of the prosecution in brief as follows: (a) P.W.1 Karthik alias Karthikeyan belongs to D.M.K. party. The accused A.1 to A.6 belong to M.D.M.K. party. P.W.1 is working as a mason. On 15.5.1996 at about 9.30 p.m., P.W.1 after finishing his mason work, was coming back to his house. On the way, he found that the D.M.K. flagpole was removed by someone. Accusing the same, P.W.1 was murmuring to himself. At that time, all the accused, A.1 to A.6 came there, thinking that P.W.1 was saying something against them. When P.W.1 was questioned about this, a wordy quarrel ensued between them. (b) On hearing the noise, the brother of P.W.1, the deceased Arunagiri and another brother Kalvinathan, P.W.2, Pushpa, wife of the deceased, P.W.5 and others came to the scene. At that time, A.1 Ashok took a knife which was concealed in his pocket and stabbed on the neck of P.W.1. Similarly, A.2 also took out a knife from his pocket and gave a cut on the right eye brow of P.W.2. Arunagiri, the deceased intervened and tried to prevent the attack. A.4, A.5 and A.6 began to assault the deceased. Therefore, the deceased ran towards Pattikaran Street. In the meantime, A.3 brought an eversilver bowl containing spirit and poured on the body of the deceased. A.2 Nagaraj lighted the match stick and threw it on the deceased and set fire. The deceased caught fire. The witnesses, P.Ws.1, 2, 3, 4 and 5 and others jointly put out the fire. All the accused ran away from the scene. (c) Then P.W.2, elder brother of the deceased took the deceased Arunagiri and P.W.1, the injured from the village Kolathur to the hospital at Villupuram. P.W.16 admitted P.W.1 in the hospital at about 10.30 p.m. on 15.5.1996 and issued Accident Register, Ex.P.18. The deceased was admitted at about 11.00 p.m. and Ex.P.19 is the Accident Register issued to him. Since the condition of the deceased was so serious, the deceased was referred to JIPMER Hospital at Pondicherry. In the meantime, P.W.16 sent intimation to the police station. P.W.18, Sub-Inspector of Police, Villupuram reached the hospital at 1.30 p.m. on 16.5.1996 and recorded a statement from P.W.1. (d) Ex.P.1 is the complaint. P.W.18 registered the crime under Sections 147, 148, 341, 323, 324 and 307 I.P.C. Ex.P.21 is the First Information Report. On 16.5.1996 at 2.00 a.m. P.W.15 Doctor attached to JIPMER Hospital admitted the deceased Arunagiri in the hospital and gave treatment. He also gave intimation, Ex.P.15 to the local police station. His Medical Report is Ex.P.16. (e) On receipt of the message, P.W.19, the Inspector of Police took up investigation at about 3.30 a.m. He got the copy of F.I.R. on the morning of next day, on 16.5.1996. P.W.19, Inspector of Police along with P.W.18, Sub-Inspector of Police came to the scene of occurrence. He prepared Observation Mahazar, Ex.P.2 and Rough Sketch, Ex.P.22. Thereafter, P.W.19 went to JIPMER Hospital and examined the witnesses and recorded the statement of the victim Arunagiri and P.W.1. (f) On 18.5.1996, P.W.19, Investigating Officer handed over the investigation to P.W.20, another Inspector of Police. On the same day at about 8.40 p.m., the victim Arunagiri died at JIPMER Hospital. He sent Death Intimation, Ex.P.3 to the police station. Ex.P.17 is the death intimation. (g) On receipt of the death intimation on 19.5.1996, P.W.20, Inspector of Police altered the case into Section 302 I.P.C. and sent Express Report, Ex.P.23. Thereupon, he came to the JIPMER Hospital and conducted inquest on the body of the deceased Arunagiri; the Inquest Report is Ex.P.24. He examined the witnesses and sent the body for post-mortem. (h) P.W.17 Doctor commenced the post-mortem on 19.5.1996 at about 3.30 p.m. and issued the Post-mortem Certificate, Ex.P.20. The opinion given by the Doctor is that death was due to the shock as a result of burns. On 13.6.1996, A.1, A.3, A.4, A.5 were arrested. On the confession of A.1, M.O.1 was recovered and on the confession of A.3, M.O.3, eversilver bowl was recovered. (i) In the meantime, another Inspector of Police, P.W.21 investigated the case on 20.6.1996 and he came to know that A.2 surrendered before the Judicial Magistrate. He filed an affidavit on 28.6.1996 to get the police custody of A.2 to A.6. He obtained the police custody of A.2 and A.6 and recorded their confession and in pursuance of the same, M.O.2 knife was recovered from A.3. After finishing investigation, P.W.21 filed charge-sheet against all the accused for the offences under Sections 147, 148, 341, 323, 324 and 307 I.P.C.

(3.) During the course of trial, P.Ws.1 to 22 were examined. Exs.A.1 to A.25 and M.Os.1 to 3 were marked.