ROBERT Vs. STATE REP

JUDGEMENT

(1.) Learned Principal Sessions Judge, Chengalpattu, by his Judgment dated 13.07.2000, in Sessions Case No.431 of 1998, convicted the appellant herein (1st accused) under Section.302 read with 34 IPC and Section.147 IPC., and sentenced him to undergo life imprisonment and rigorous imprisonment for one year respectively. Being aggrieved by the said Judgment, the appellant has filed the above appeal.

(2.) The short facts are: PW-2 is the wife of the deceased by name Lakshmanan, who was running a finance company in the name and style of "Amman Finance Company". There was some misunderstanding arose between appellant etc. and some persons belonging to Mugapair. Since the deceased was moving closely with persons belonging to Mugapair, A.1/appellant had a grievance against the deceased. At about 9 P.M. on 15.9.1993, when the deceased was in his office along with PW-1, the appellant after wishing him, asked as to whether Mugapair men would come to Korattur Colony that night, and for which the deceased replied that he has no knowledge about it. The appellant thereafter saying "don't you know", asked the deceased as to why he gave complaint against them. Saying so, the appellant/A-1 caught hold of the hands of the deceased and dragged him down the stairs shouting, "nkny th';flh ,tid ,';nfna xU tHp gz;zplyhk;" Then, the other accused came there with knife and one Senthil cut the deceased on left side of the head and one Prabha cut him on his left shoulder, while accused Lingesan cut the deceased on his left shoulder. Hearing the cry of the deceased, the people in the Street ran away. The accused after cutting the deceased indiscriminately ran away with weapons. The deceased, who received a number of injuries fell down. PWs-1 and 4 brought the deceased to the Kilpauk Medical College Hospital for treatment and from there, he was taken to Stanley Hospital. PW-7 is the Head Constable attached to Korattur Police Station, who on receiving telephonic message at about 9 P.M on 15.9.1993 about the assault on the deceased, rushed to the spot, where he was informed that the injured person had already been taken to Kilpauk Medical College Hospital. When he went there, he was informed about the shifting of the deceased to the Stanley Hospital. PW-7 thereafter proceeded to Stanley Hospital and reached there at 10.45 P.M There he recorded Ex.P-1 complaint from the deceased and obtained his left thumb impression in it. At about 11.30 PM, he came back to the police station and registered a case in Cr. No.2362/1993 for offences under Sections-147, 148 and 307 IPC, prepared Printed F.I.R. Ex.P2 and forwarded the same to the Court and copies to his superiors. PW-9 is the Doctor attached to Kilpauk Medical College Hospital. At about 9.30 P.M. on 15.9.1993, when she was in the Emergency Ward, the deceased was brought by his relative Jayapaul and to the Doctor, the deceased told that he was assaulted by one Robert and his men at about 9 P.M. with knife when he was in his Company-office. The doctor found him conscious and noted 12 injuries in the accident register copy Ex.P-7. As PW-9 felt that some better treatment has to be given, she immediately took steps to send the deceased to the Stanley Hospital. PW-11 is the Doctor working in Stanley Hospital at the relevant time. At about 10.00 P.M. on 15.9.1993, when he was working in the Emergency Ward, the said injured Lakshmanan was brought for treatment and he admitted the deceased in 9th ward as in-patient. The accident register copy is Ex.P-9. PW-12 is the Assistant Professor in the Stanley Medical College, Chennai, who was in charge of the Intensive Care Unit. On 17.9.1993, he declared that the said injured Lakshmanan died at about 7.10 P.M. on that day and he issued death report Ex.P-11. PW-13 is the Inspector of Police, Korattur Circle, who, on receipt of the copy of the Express FIR., went to the place of occurrence at 12.10 mid night. After inspecting the scene of occurrence, he drew the sketch Ex.P-12 and prepared Ex.P-3 observation mahazar at about 1.00 A.M. on 16.9.1993. He seized bloodstained cement plasters MO.1 series and sample cement plasters MO.2 series under Ex.P-4 mahazar. Later on, he went to the Stanley Medical College Hospital, where he recorded the statement Ex.P.13 from the injured and seized the bloodstained cloths from him. The Inspector thereafter examined PWs-1 to 7 and other witnesses and formed a party for arresting the accused. Ex.P-11, the death report was received on 17.9.1993 and the offence was altered into Sections.147, 148 and 302 IPC. Express FIR Ex.P-14 was prepared and forwarded to the Court. The Inspector thereafter examined PW-11 and others. Inquest over the body of the deceased held between 8 A.M. and 10.30 A.M. on 18.9.1993 and Ex.P15 is the inquest report. After inquest, the Inspector forwarded the body for autopsy. PW-10 is Dr.Thangaraj, attached to the Madras Medical College. Autopsy over the body of the deceased was conducted by Dr.Sundaramoorthy. As he retired from service, PW-10 Dr.Thangaraj was examined to speak about the post mortem in his absence. Since PW-10 was previously working along with Dr.Sundaramoorthy, he knows the signature and writing of the said Doctor and on his behalf, he gave evidence in this case. According to PW.10, the autopsy surgeon found as many as 50 injuries on the body of the deceased as set out in Ex.P-8, the post mortem certificate. Since all the injuries are incised gapping wounds, the autopsy surgeon was of the opinion that the deceased would have died due to shock and haemorrhage caused by those injuries. PW-10 also confirms the said opinion. On 19.9.1993, the appellant was arrested by the Head Constable at Avadikuppam in connection with some other case and the appellant was arrested in this case also by the Inspector. The Inspector of Police then examined PW-12 Dr.Chandrasekaran and other witnesses. Steps were taken by him to send the Material Objects for chemical analysis. Ex.P-19 is the chemical analysis report and Ex.P.20 is the Serologist's report. After completing the investigation, the Inspector of Police filed his final report.

(3.) When questioned under Section 313 Cr.P.C., the appellant/accused pleaded innocence.