RAJENDRAN Vs. STALE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge at Srivilliputhur made in Sessions Case No.132 of 1987, convicting the appellant, who was the accused, for the offence under Sec.307 of the Indian Penal Code (for short "IPC") and thereby sentenced him to undergo Rigorous Imprisonment for a period of ten years with a fine of Rs.500 and in default of payment of the fine amount to undergo Rigorous Imprisonment for a further period of six months, but the sentences to run concurrently.

(2.) THE short facts of the prosecution case as culled out from the adduced evidence of the prosecution witnesses, are stated as follows: P.W.1 Murugesa Pillai and the appellant herein are the natives of Avudayapuram village, which is situate within the jurisdiction of Vachakarapatti Police Station in Madurai-Kamarajar District. P.W.1 and the appellant are affiliated to Congress party and RSS party respectively and P.W.1 claims to belong to caste Hindus viz. Pillaimar community. It appears from the recorded evidence that there was previous enmity existed between P.W.1 and the appellant and in connection with that the elder brother of the appellant drove his cart over the agricultural fields of P.W.1 and thereby caused damage to P.W.1 by destroying the standing crops on his agricultural fields. This took place about a year ago prior to the occurrence and in connection with that a Panchayat was convened, but the elder brother of the appellant did not heed to the Panchayat and he was beaten by P.W.1 for not heeding to the Panchayat and as a result of which, both the appellant and his elder brother threatened P.W.1 to murder him, about which a complaint was lodged in the Vachakarapatti Police Station and both the parties were enquired and warned by the Head Constable of the said police station. One another incident which precipitates the existing motive was that during the local body election held in the year 1986, P.W.1 contested for the post of President on behalf of Congress party and he was opposed by one Murugesan on behalf of RSS party and in support of him the accused worked in the election campaign and in that connection also serious enmity existed between the appellant and P.W.1.

(3.) P.W.9 Sub Inspector of Police attached: Vachakarapatti Police Station, who had been to Kottur and other places in search of the accused in Crime No.147 of 1986 for the offences under Secs.457 and 511, I.P.C., happened to return through the scene village at about 7. 15 p.m. on 2.11.1986 and he heard about the occurrence and he went to the scene place and saw P.W.1 with his left leg cut off with bleeding injuries. He recorded the statement of P.W.1, which was marked as Ex.P-1 and arranged for a taxi to take P.W.1 to the Government Hospital at Virudhunagar for treatment. Then he returned to the police station by 8.15 p.m. and registered the Ex.P-1 as Crime No. 150 of 1986 against the appellant/accused for committing an offence under Sec.307, I.P.C. and prepared the First Information Report in the printed form, which was marked as Ex.P-6 and prepared Express Reports and sent them to higher officials for further action.