VENKATARAMAN Vs. STATE

JUDGEMENT

(1.) Learned Additional Sessions Judge, Vellore, convicted appellants-1 and 2 under Section 302 IPC and 341 IPC. and sentenced them to undergo life imprisonment and rigorous imprisonment for one month respectively; and convicted A-3 and A-4 under Section 302 read with 34, Section 323 and Section 341 IPC. and sentenced them to undergo life imprisonment, 6 months R.I. and one month R.I. respectively, by his judgment dated 30th May, 2000 in Sessions Case No.170 of 1998. Questioning the correctness of the same, the above appeal has been filed.

(2.) The case of the prosecution can be briefly stated as under:- One Varadhan and the deceased are neighbouring land owners. A-1 is the son of Varadhan while A-4 is his son-in-law. A-3 is the brother-in-law of A-2. PWs-1 and 2 are brothers. There was a ridge dispute between the deceased and Varadhan, they being the adjoining land owners. PW-3 is a resident of the same village. On 20.2.1998 at about 9 A.M., he was taking a cup of tea near Kesavapuram Check Post, when PW-2 was also there. At that time, A-1 to A-4 came near that shop and A-1 told PW-3 that the deceased had beaten his father and that he would deal with him suitably. PW-3 then persuaded them not to be enraged and that the matter can be talked over. Saying that he would not listen to PW-3 and that he was going to finish off the deceased Murugan, A-1 left with the other accused. In the evening, at about 5 P.M., PWs-1 and 2, who are cultivating the lands of deceased Murugan, were irrigating the crops. The deceased was also there, standing at a distance of about 50 ft. PW-1 saw A-1 coming on the ridge. A-1 asked the deceased to wait. Thereafter, all the accused picked up quarrel with the deceased orally. Thinking that some oral altercation is going on, PW-1 was attending to his work. But, very shortly thereafter, he turned again and saw the place where the accused and the deceased were standing. Then, he saw A-1 hitting the deceased on the right side of the head with a wooden log. Similarly, A-2 also attacked the deceased on the left side of the head while A-3 attacked the deceased on his hand. A-4 beat the deceased on his wrist with a wood. As a result of the injuries, there was bleeding. When PWs-1 and 2 ran towards the deceased, all the accused ran away. PW-1 asked PW-2 to go and inform the family of the deceased. Thereafter, PW-1 took the deceased by bus to the Arakkonam Government Hospital. As suggested by PW-1, PW-2 proceeded to the house of the deceased to inform his family members. PW-1 and the deceased reached the Government Hospital, Arakkonam at about 7.15 P.M. on 20.2.1998. PW-6, the Civil Surgeon attached to the said Hospital treated the deceased. The Doctor found the deceased to be conscious, alert and well oriented. From the Hospital, an intimation was sent to the Arakkonam Police Station. PW-5 is the son of the deceased, who, on receiving the information about the attack on the deceased by the accused, went to Arakkonam Government Hospital and saw his father. PWs-1 and 2 were also present. PW-9 is the Head Constable attached to Thakkolam Police Station. At about 8 A.M. on 21.2.1998, when PW-9 was in the station, he received a telephonic message from Arakkonam Town Police Station about the incident. Thereafter, he proceeded to Arakkonam Police Station and after getting the medical memo, proceeded to the Government Hospital. He saw the deceased and obtained a statement from him under Ex.P-9 and came back to the police station at about 10 A.M. and registered Cr. No.38/98 under Sections 341, 324 and 323 IPC., prepared F.I.R. Ex.P-10 and despatched the same to the Court. Thereafter, he proceeded to the scene of occurrence and prepared observation mahazar Ex.P-1 in the presence of PW-4 and others. Ex.P.11 sketch was also prepared by him. On 21.2.1998 at about 4 P.M., A-2 Gopal was arrested near Pudupalayam Check Post and he was sent for judicial custody. The Material Objects MOs-1 and 2 as well as MO-3 were seized from the scene of occurrence. On 23rd, as the condition of the deceased became serious, he was sent to the Government Hospital, Chennai. Along with the deceased, PW.5, his mother and sister also went. The deceased was treated for a couple of days in the Government Hospital, Chennai and thereafter, he died on 25.02.1998. On 25.2.1998 at about 11.45 p.m., PW-9 received the death intimation Ex.P.12. Thereafter, he altered the crime as one under Section 302 IPC, prepared Express F.I.R and despatched the same to the Judicial Magistrate-2, Arakkonam and to his superiors. PW-10 is the Inspector of Police, who received the copy of the Express Report at 5.30 A.M. on 26.2.1998 in Cr. No.38/1998 on the file of Thakkolam Police Station. PW-10 then proceeded to the General Hospital, Chennai and conducted inquest over the body of the deceased. Ex.P-14 is the inquest report. A requisition was sent by him to the Doctor to conduct post mortem. PW-7 is the Doctor attached to Kilpauk Medical College Hospital, Chennai, who, on receipt of the requisition from the Inspector of Police, commenced the post mortem on 26.2.1998 at 1.30 P.M. Ex.P-5 is the post mortem certificate issued by him, wherein he has noted the following:- "Injuries:- 1. Abrasions:- a) On left forehead on its outer aspect 6 x 2 cm; b) on front and middle of right hand thumb 3x2 cm. 2. Two vertical surgical sutured wounds on left parietal and right tempero parietal regions of vault of skull 8 cms. and 12 cms. in length on dissection: On removal of sutures the edges were regular, sharp and clean cut.

(3.) Sub scalp haematoma on right and left frontal and mid parietal regions of vault of skull. Bruising of sub scalp on the above mentioned regions.