RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Appellant is the accused who was tried before the Sessions Judge, Dharmapuri District at Krishnagiri for an offence under Section 302 I.P.C. The charge against him is that on 19.8.1991 at about 8.30 P.M., he due to previous enmity had hit the deceased Kariyan @ Arunachalam with a brick on his forehead nearby the public drinking water tap in the village Mahendramangalam as a result of which the said Arunachalam died on 27.8.1991 at about 8.25 P.M. in Epidemic Disease Hospital, Bangalore. The learned trial Judge held on the basis of the evidence on record and on the arguments advanced on either side that the accused is guilty of the offence under Section 335 I.P.C. and convicted and sentenced him to undergo rigourous imprisonment for two years and also to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for two months. The accused challenges the above conviction and sentence passed against him.

(2.) The case of the prosecution may be stated briefly as follows:- The deceased Kariyan @ Arunachalam, husband of P.W.6 Tulasiammal and brother of P.W.1 Chinnapaiyan, had reprimanded the accused on the date of occurrence for his high handed act of abusing the witnesses Rukku, Kamalam, Shanthi, Kunji and others and breaking the pots kept by them near the public water tap and therefore an altercation ensued between the accused and the deceased. While so, the accused had hit the deceased with brick M.O.1 on his left eye-brow and therefore, he had fallen down. Arunachalam was taken to the Government Hospital, Palacode where P.W.10 Dr.Murugesan had admitted him as inpatient on 19.8.1991 at 9.30 P.M. and on his examination he found that Arunachalam sustained contusion on his left fore head. Ex.P-7 is the intimation sent by P.W.10 to Palacode Police Station and thereafter, P.W.9, Head Constable, Arumugam went to the hospital and examined Arunachalam and obtained Ex.P-8 complaint from the injured. Further P.W.10 referred the injured Arunachalam to Government Hospital, Dhamapuri for treatment and P.W.11, Dr.Ramakrishnan treated him on 20.8.1991 and discharged him on 21.8.1991. P.W.1 Chinnapaiyan, brother of Arunachalam, had taken the latter to Bangalore for treatment in St.John's Hospital where he was admitted as inpatient on 27.8.1991 at 2.30 P.M. P.W.12 Dr.Naina Rani has given evidence about the death of Arunachalam in the hospital at about 8.25 P.M. on 27.8.1991 on account of tetanus (vide) Ex.P-12 death certificate. Thereupon, P.W.1 lodged another complaint Ex.P-1 at Marandahalli Police Station on 28.8.1991 at 11.00 A.M and P.W.8, Ramu, Sub Inspector, received the said complaint and registered a case under Section 302 I.P.C. in Crime No.621/91 and thereafter sent the documents to the higher police officials as well as to the concerned Court. P.W.13 Arumugam Inspector of police took up investigation of the case, went to the scene of occurrence at 4.00 P.M. on 28.8.1991 and prepared Ex.P-5 observation mahazar and Ex.P-14 rough sketch. He conducted inquest over the body of the deceased between 4.45 P.M. and 7.00 P.M. and Ex.P-15 is the inquest report. Thereafter, he sent the body for post mortem. P.W.4 Dr.Vasantha Kokilam conducted autopsy on the dead body of Arunachalam and issued the certificate Ex.P-4 with the opinion that he would appear to have died due to shock and haemorrhage due to head injury about 32 to 40 hours prior to autopsy. The relevant injuries as per Ex.P-4 are extracted hereunder:- External injuries:- A cut injury about 4 cm x 1-1/2 cm bone deep wound extending from above the lateral 3rd of the left Eyebrow to the left temporal region. There is a recent scar extending from the lower end of the wound to the left cheek. Internal Examinations: Hyoid bone intact. Thorax:- ribs no fracture. Head:- Weight normal, cut section all the chambers filled with clotted blood about 400 grams. Lungs:- weight normal, cut section congested. Abdomen:- Stomach weight normal, cut section congested, contains 200 ml of black coloured fluid. Liver:- weight normal cut section congested. Spleen:- Weight normal cut section congested. Intestine:- Weight normal, cut section congested. Urinary bladder contains about 100 ml of urine. Brain:- Weight normal cut section pale. Duramater, arachnoid matter and piamater-intact. Skull bones: There is a depressed partial fracture about 1-1/2 inches x 1/2 inches present over the frontal bone 1-1/2" below the left frontal eminence upto the bone marrow. Inner table of the bone intact. P.W.13, Inspector of Police arrested the accused on 30.8.1991 at 9.30 A.M. and sent him to judicial custody. On being identified by P.Ws.1 and 2, he recovered M.O.1 brick under Ex.P-6, mahazar. Thereafter, his successor P.W.14, Ramasamy, Inspector of Police, took up further investigation and after completion of the same, the final report under Section 302 I.P.C. was lodged against the accused on 13.9.1991 in the Judicial Magistrate Court, Palacode

(3.) The accused had also been examined by P.W.10 Dr.Murugesan on 20.8.1991 at 6.45 A.M. for injuries found on him (vide) Ex.P.10 accident register copy and thereafter, P.W.9 Head Constable Adhimoolam had examined the accused in the hospital at 10.30 A.M. on the same day after receiving the intimation from P.W.10.