RAMANATHAN Vs. STATE

JUDGEMENT

(1.) Ramanathan (A1) was convicted for the offences under Sections 302 and 307 read with 34 I.P.C., Subramani (A2) was convicted for the offences under Sections 302 read with 34 and 307 I.P.C. and Guruvaiah (A3) was convicted for the offences under Section 302 read with 34 and 307 read with 34 I.P.C., in S.C.No.266 of 1996 on the file of the Principal Sessions Judge, Madurai. Challenging the same, these appeals have been filed separately by the accused 1 to 3.

(2.) The brief facts leading to the conviction of the appellants/accused could be summarised as follows: "(a) The deceased Poochan Chettiar is the resident of Mamsapuram. P.W.2 Veeran is his son and P.W.1 Ramar is his son-in-law. There was a dispute between P.W.1 and one Vellaiammal, the sister of the deceased in respect of the lease of a landed property. The cases were pending between them in the Civil Court as well as in the Criminal Courts. Vellaiammal had given a complaint to P.W.15-- Inspector of Police of Srivilliputhur Police Station stating that she was not allowed to enjoy her landed property, which was earlier leased out to P.W.1—Ramar. (b) The enquiry on the complaint given by Vellaiammal was fixed on 17.12.1993. Both parties were attended the enquiry in the police station Srivilliputhur on that day. Ramanathan (A1) is the counsel appearing for Vellaiammal. The said Vellaiammal, her counsel Ramanathan (A1) and some others were present. When the enquiry had just started, P.W.15-Inspector of Police was called upon to the Court by the Judicial Magistrate. Therefore, he requested the parties to wait outside the Police Station for some more time. Then he left for attending to the call of the Judicial Magistrate. (c) While so, there arose a wordy quarrel between the deceased Poochan Chettiar and the first accused. Both abused at each other. The first accused got angry and slapped the deceased. P.W.1—Ramar questioned the act of the first accused and he was also slapped by the first accused. Consequently, both P.W.1—Ramar and the deceased also in retaliation beat the first accused. On noticing this incident, took place in front of the police station, a Police Constable P.W.10 came out of the Police Station and separated them. (d) At this juncture, P.W.15 came to the police station. Both the parties gave complaint against each other to him with regard to the said incident. As per the direction of P.W.15-Inspector of Police, P.W.14--Sub Inspector of Police, registered a case in Crime No.1428/1993 against both the parties for the offence under Section 160 I.P.C. Thereafter, both the parties were directed to come on Sunday to continue the enquiry. While they were moving from the Police Station, the first accused challenged the deceased that he would see him one way or the other. (e) Next day, i.e., on 18.12.1993, the deceased Poochan Chettiar, his son P.W.2-Veeran and his son-in-law P.W.1-Ramar and one Paramasivam left their village and came to Srivilliputhur Town for meeting their advocate in his office. Since the advocate was not available in his office, they went to a hotel and took tiffin and then went to a plantain shop to meet the owners. After talking with the plantain shop owner for some time, they proceeded towards Srivilliputhur bus stand. (f) At that point of time, the first accused along with two other persons, namely, the second and third accused, appeared at the scene and restrained them. The first accused by abusing in a filthy language took an aruval from his waist and gave a cut on the neck of the deceased Poochan Chettiar on receipt of injuries, Poochan Chettiar fell down. (g) As P.W.1-Ramar raised alarm, the second accused--Subramani attacked him with an aruval on the left side of the neck. The third accused Guruviah also was standing with a weapon in the scene of occurrence. When the witnesses to the occurrence began to shout, the accused ran way with the weapons. (h) The deceased, who fell down on the ground was found dead. P.W.1-Ramar immediately went to the Srivilliputhur Police station along with P.W.2 and gave a complaint Ex.P.1. P.W.14 -Sub Inspector of Police. He registered a case for the offence under Section 302 IPC. Ex.P.1 is the complaint and Ex.P.16 is the printed First Information Report. P.W.14 found P.W.1 with injuries and so he recovered M.O.1 bloodstained half shirt from P.W.1 and sent him to the Government Hospital. (i) On 18.12.1993, P.W.8 Doctor, attached to the Government Hospital, Srivilliputhur on receipt of the memo from the Police authority, gave treatment to P.W.1 at 3.00 p.m. and issued the wound certificate Ex.P.4. (j) P.W.15 Inspector of Police, on receipt of a copy of the First Information Report, came to the scene of occurrence at 3.15 p.m. and prepared observation mahazar Ex.P.10 and drew rough sketch Ex.P.17. He caused the scene to be photographed by a photographer. He conducted inquest over the dead body of the deceased from 3.45 p.m. to 6.00 p.m. and prepared the inquest report Ex.P.18. He recovered blood stained cement piece M.O.2 and sample cement piece M.O.3 under mahazar Ex.P.11. He also examined P.Ws.1, 2, 3, 4, 6, 14 and other witnesses and recorded their statement. P.W.15 sent the dead body of the deceased to the Ralaji Government Hospital, Madurai for postmortem. (k) On 19.12.1993, P.W.7 Doctor conducted postmortem on the dead body of the deceased at 10.45 a.m. and found cut injury on the left side of the neck of the deceased and opined that the deceased would appear to have died of shock and haemorrhage due to the injury and issued Ex.P.3 postmortem certificate. (l) On 19.12.1993, P.W.15 in continuation of his investigation examined P.Ws.5, 6, 10 and other witnesses. On 13.01.1994 he examined P.Ws.1, 2, 3, 4 and 11 and recorded their statements under Section 164 Cr.P.C. and forwarded the same to the Judicial Magistrate No.2, Madurai. (m) P.W.15 then continued the investigation and took steps for arresting the first accused and two others. In the mean time, P.Ws.1 and 2, gave statements under Section 164 Cr.P.C. to the Judicial Magistrate--P.W.9. Meanwhile, the first accused surrendered before the Judicial Magistrate, Tiruttani, on 11.04.1994 and accused 2 and 3 surrendered before the Judicial Magistrate, Madurai on 20.04.1994. (n) On 25.05.1994, on the request given by P.W.15, identification parade was conducted by P.W.9—Judicial Magistrate No.3, Srivilliputhur at Sub Jail, Srivilliputhur, in which accused 2 and 3 were identified by P.W.1—Ramar. Ex.P.6 is the identification parade notes and Ex.P.7 is the detailed report of the identification parade. (o) Though P.W.15-Inspector of Police filed an application for police custody of the accused, his request was turned down by the Judicial Magistrate. After finishing investigation, P.W.15 filed the charge sheet against the accused 1 to 3 for the offences under Sections 302 and 307 read with Sec.34 IPC." (p) During the course of trial, the prosecution examined P.Ws.1 to 15; filed Exs.P.1 to P.18 and marked M.Os.1 to 6. (q) When the accused were questioned under Section 313 Cr.P.C. with reference to the incriminating materials placed before the Court, they denied their complicity in the crime in question. (r) The trial Court on appraisal of the entire evidence on record found the accused 1 to 3 guilty of the offences under Sections 302 and 307 read with 34 IPC; 302 read with 34 and 307; and 302 read with 34 IPC and 307 read with 34 IPC respectively and sentenced them thereunder as referred to above. This judgment impugned, is the subject matter of challenge before this Court under the above three appeals.

(3.) Mr. S. Ashok Kumar, learned counsel appearing for the first accused/appellant would take us through the entire evidence and make the following submissions.