ELANGO ALIAS ELANGOVAN Vs. STATE

JUDGEMENT

(1.) The learned II Additional Sessions Judge, Madurai tried the appellants/accused for the charges under Section 302 read with 149 I.P.C. etc., for causing the murder of one Viji @ Vijayakumar at 7.15 p.m. on 28th November, 1998. In his judgment dated 4.7.2000 in S.C.186 of 1999, the learned Sessions Judge found the appellants/accused guilty under Section 302 read with 149 I.P.C.; 148 I.P.C., and sentenced to undergo rigorous imprisonment for life and two years respectively. Though the appellants were found guilty under Section 147 I.P.C., no separate sentence was imposed.

(2.) The prosecution in its endeavour to establish its case, examined as many as 17 witnesses, marked Exs.P-1 to P-19 and produced Mos.1 to 12.

(3.) The case of the prosecution can be narrated as under: (a) PW-1 Kumaresan is the father of the deceased while PW-2 Ilamurugan is his brother. PW-4 Paunraj's brother has married PW-1's daughter. PW-3 Gandhi is related to the deceased. (b) A-1 to A-3 are closely related. A-4 to A-7 also belong to the same community and related to the other accused. (c) The prosecution party as well as accused party belong to the village called Anuppanadi. There was an incident in the month of November, 1995 when A-1 was beaten by the deceased and one Balakumar and a complaint before the Police was lodged in that regard. Thereafter in the month of May, 1997, the second accused was beaten by the deceased and two others and the second accused lodged a complaint before the Court and that case is still pending. Similarly, the deceased cut A-3 in September, 1998 and in that regard there is a case pending. Thus, there has been enmity between A-1 to A-3 and the deceased and these accused decided to do away with the deceased. (d) On 28.11.1998 at about 7.15 p.m. when the deceased was going along with one Pandi in Christhuvar Koil street, each accused armed with pattakathi, encircled the deceased and started attacking him. A-1 stabbed the deceased in the stomach; A-3 on the chest and A-2 cut the deceased indiscriminately on his head. The other accused stabbed the deceased indiscriminately on his hands and legs. PW-1 the father of the deceased and PW-3, who happened to pass by that way, shouting at the deceased, "Stop cutting", ran towards the deceased. PW-2, the brother of the deceased and PW-4 also came there at that time, saw the occurrence and ran towards the deceased. Seeing this, all the accused ran away carrying the weapons with them. The deceased then was taken to the Rajaji Government Hospital, Madurai, where he was declared dead. (e) PW-1 then proceeded to Theppakulam Police Station and gave an oral complaint to PW-15 Sub Inspector of Police and the same was reduced to writing. On the basis of the said complaint Ex.P-1, Crime No.1731 of 1998 was registered under Section 147, 148, 341 and 302 I.P.C. and Ex.P-15 express First Information Report was prepared and the same was sent to the Court of Judicial Magistrate and copies to his superiors. (f) On 28.11.1998, PW-17 Inspector of Police, who was on other duty, received message by wireless so also by telephone about the incident. He received the copy of express F.I.R. at about 9.45 p.m. and took over the investigation. He proceeded to the scene of occurrence, reached there by 10.00 p.m. and prepared Ex.P-3 observation mahazar and Ex.P-18 rough sketch in the presence of witnesses Murugesan and Murugavel and others. The blood stained earth MO-1 and ordinary earth MO-2 were also seized in the presence of witnesses. On the next day, PW-17 proceeded to the Rajaji Government Hospital and conducted inquest over the body of the deceased between 7.00 a.m. and 10.00 a.m. Ex.P-19 is the inquest report. PW-17 thereafter examined the witnesses including the Doctor. (g) PW-16 is Dr.Thyagarajan, attached to Madurai Medical College Hospital, who on the basis of the requisition Ex.P-16 sent by the Inspector of Police, commenced post mortem at about 10.20 a.m. Ex.P-17 is the post mortem certificate issued by the Doctor. In the said certificate, the Doctor has made the following notings,