KARUMALAIYAN ALIAS ANNADURAI Vs. STATE

JUDGEMENT

(1.) Accused 1 to 6 in S.C.No.506/1997 on the file of the First Additional District Judge Cum Chief Judicial Magistrate, Madurai are the appellants in this appeal. They stand convicted at the end of the trial in that sessions case for offences under sections 148 and 302 read with section 149 I.P.C., for which they stand sentenced to undergo imprisonment for life for the offence of murder and to pay a fine of Rs.100/-, carrying a default sentence for the offence under section 148 I.P.C. They are before this court challenging their conviction. A1 to A3, A5 and A6 are represented by Mr.V.Gopinath learned senior counsel and A4 is represented by Mr.S.Ashok Kumar. Mr.I.Subramanian learned Public Prosecutor defended the State.

(2.) The case of the prosecution is that, being members of an unlawful assembly, at 8.00 a.m on 23.04.1997, A1, A2, A3 and A5 fatally attacked on the various parts of the body of the deceased in this case namely, a female by name Leelavathi and caused her death. A4 and A6 were stated to be present as members of the said unlawful assembly, each armed with a weapon in their hand. In establishing the charge, the prosecution examined P.Ws.1 to 3 as prime eye witnesses to the occurrence. P.Ws.6 and 7 are the other two witnesses, who speak about seeing the accused moving away from the scene after committing the crime. P.W.1 is the husband of the deceased. In the election held for the Madurai Corporation, Leelavathi contested in Ward No.59 opposed by A1's wife Valli and some other candidates sponsored by political parties as well as individuals. There was a hot contest between A1's wife and the deceased in this case. Ultimately Leelavathi was declared as elected. P.W.18 is the Election Officer, who speaks about the election held for Ward No.59; the contestants and the ultimate winner in that election. When P.W.18 was about to declare the results, A1, A2 and others objected on some grounds that the result of Leelavathi should not be declared. However P.W.18, after complying with the procedural law, announced the result declaring Leelavathi as the elected candidate. When the counting was going on, P.Ws.2, 3 and others were also there, besides P.W.1. After announcing the results, P.W.1, the deceased and their supporters went home. At 8.00 p.m on that day, A1, A2 and his supporters went to the house of P.W.1, which was at No.2, Rajan Street, Nadar Compound, Villapuram, where they raised slogans against the successful candidate. P.Ws.2, 3 and some more were there in the house of P.W.1 at that time. A1, A2 and their supporters left the house challenging as to how Leelavathi would function as a counsellor. P.Ws.2, 3 and others, who were there, pacified A1, A2 and their supporters and asked them to go. There was no water supply for Villapuram area. After Leelavathi became the ward counsellor, she brought water to Villapuram by having the pipeline laid. Having lost in the election and not able to tolerate Leelavathi gaining popularity in the area, the accused developed a hatred towards her. At 8.30 a.m on 23.04.1997, P.Ws.1 to 3 were standing in Villapuram Main Road in the junction of Anna Second Street and they were deliberating about the ensuing May Day festival. Leelavathi was also coming from the east towards west to buy provision in a shop in that road. She was standing opposite to the shop of one Sermakani. All the accused, each armed with a weapon, also came from further east. Then the victim Leelavathi was assaulted by A2 twice followed by A1, A3 and A5 attacking him. A4 and A6, each armed, standing guard at the scene of occurrence, saw to that that none neared the place of attack. P.Ws.1 to 3, by shouting, ran towards the place where Leelavathi was under attack. After completing the attack, all the accused ran towards east with the weapon in their hands. Leelavathi fell down dead. P.W.1 reached the police station and gave the complaint/Ex.p.1 before P.W.17, the Sub-Inspector of Police. M.Os.1 to 3 are the personal wearing apparels of Leelavathi, which she was wearing at that time. M.O.4 is the weapon of offence in the hands of A2. M.O.5 is the weapon of offence in the hands of A1 and M.O.6 is the weapon of offence in the hands of A3. P.W.1 returned to the scene of occurrence after giving the complaint. He identified A3 to A6 in the test identification parade held by the Judicial Magistrate. Regarding the occurrence proper, P.Ws.2 and 3 had given evidence in total corroboration to the oral evidence of P.W.1.

(3.) P.W.17 is the Sub-Inspector of Police in the Investigating Police Station, before whom at 10.00 a.m on 23.04.1997, P.W.1 appeared and gave the complaint, which he reduced into writing. After reading it over to P.W.1, he took his signature in it. He registered the said complaint as Ex.P.1 in his police station crime No.334/1997 for offences under sections 147, 148, 324 and 302 I.P.C. Ex.P.26 is the printed first information report, which he prepared. As the regular Inspector of Police had been transferred to the Police Training School, he informed P.W.19, the Inspector of Police, Theppakulam, who was in charge of the Investigating Police Station, over telephone. P.W.17 also sent the material records to the court as well as to the higher officials. P.W.19 is the Investigating Officer, who by reaching the Investigating Police Station at 10.30 a.m on 23.04.1997, collected the material records and commenced the investigation. He reached the scene of occurrence at 10.45 a.m and in the presence of P.W.8 and another, he prepared Ex.P.8, the observation mahazar and Ex.P.27, the rough sketch. Through P.W.15, he caused photographs of the dead body to be taken. P.W.15 accordingly took photographs of the dead body and M.O.25 series are the photographs and the negatives. In the presence of P.W.8 and another at 11.15 a.m., P.W.19 recovered blood stained earth/M.O.7 and sample earth/M.O.8 under Ex.P.9. As the deceased was a sitting counsellor during the relevant time and anticipating law and order problem, he did not conduct inquest at the spot itself and sent the dead body to the Government hospital for being kept in the mortuary through P.W.12, the police constable. Accordingly P.W.12 accompanied the dead body along with Ex.P.6/requisition given by P.W.19 and handed over the same to Doctor Kodandapani, who was on duty there. On receipt of the dead body, the said doctor consigned it to the mortuary.