STATE Vs. ARULDOSS

JUDGEMENT

(1.) THIS is an appeal by the State represented by the learned Public Prosecutor challenging the correctness of the acquittal of the respondent of an offence punishable under Sec.302, Indian Penal Code, recorded in S.C.No.47 of 1985, by the learned Sessions Judge, Kanyakumari at Nagercoil.

(2.) PROSECUTION case is as follows: P.W.1 Rajam is the wife of deceased Esravel. Respondent Aruldoss is the younger brother of P.W.1. P.W.2 Anitha, a girl aged about 11 years and P.W.3 George are sister and brother respectively and children of P.W.5 Maria Thangam. All these witnesses are residents of Perumchilambur village. About four years prior to occurrence, respondent was arrested by Forest Officials since he had cut timber in Neduvizai Reserved Forest Area. Deceased Esravel spent his funds and had the respondent released on bail. Again 20 days prior to occurrence, respondent was arrested on the basis of a non-bailable warrant. Deceased went to the rescue of his brother-in-law for a second time and had him released on bail. Towards the expenses incurred by the deceased, respondent owed Rs.40 to him.

(3.) P.W.16 Chidambaram, Sub Inspector of Police, on receipt of a copy of Ex.P-13 at 4 a.m. on 28.3.1985, took up investigation and reached the venue of crime at 5 a.m. On his arrival at the scene, he prepared observation mahazar Ex.P-16 and scene sketch Ex.P-17. He recovered blood stained tar earth from the scene under mahazar Ex.P-18. At 9.30 a.m. he saw injured Esravel at Government Headquarters Hospital, Nagercoil. Esravel was not in a position, to talk. Dr.Thangavelu (not examined) sent Ex.P-6 death intimation informing that patient Esravel expired at 10.30 a.m. on 28.3.1985. On receipt of death intimation, P.W.16 altered the crime into one under Sec.302, Indian Penal Code and prepared express report Ex.P-19, copies of which he forwarded to the concerned Magistrate and to his superior officers. P.W.18, Natarajan, Inspector of Police, Thakkalay, on receipt of a copy of Ex.P-19at 3.30 p.m. on 28.3.1985, took up further investigation and proceeded to the Government Hospital, Nagercoil. Between 4 p.m. and 6 p.m. he held inquest over the corpse of Esravel, during the course of which he examined P.Ws.2, 1, 3 and 4. Ex.P-20 is the inquest report. After inquest, he sent the dead body through a police constable with a requisition Ex.P-7 to P. W. 12 Dr.Nagarajan for the conduct of post-mortem. At 7 p.m. P.W.18 seized from P.W.1, Dhoti M.O.2 under mahazar Ex.P-22.