STATE OF TAMIL NADU Vs. SAMPATH

JUDGEMENT

(1.) The State after obtaining special leave has preferred this appeal against the order of acquittal of the respondents in S.C. No. 87 of 1983 passed by the learned Principal Sessions Judge, Coimbatore Division. The respondents herein after referred to as the accused were tried for two charges on the allegations that on 5/2/1983 at about 10.00 p.m., within the compound of Devaki Cinema theatre, the first accused Sampath stabbed the deceased Pemmalan alias Pommalayan with a knife on the left side of the back as a result of the Same, the deceased died. During the course of same transaction, the accused 2 and 3, caught hold of the hands of the deceased and thereby they are liable for the offence punishable under Section 302 read with 109 I.P.C. To substantiate the above charges, the prosecution examined P.Ws. 1 to 12, filed Exs. P. 1. to P.12 and marked M. Os. 1 to 10.

(2.) The case of the prosecution as revealed from the oral and documentary evidence which are necessary for the disposal of this case, can briefly be stated as follows: P.Ws. 1,2,3, the deceased and the accused are residents of Kovilpalayam Village. On 4/2/1983, at about 8.30 p.m., near Veeramachiamman Temple, P.W. 1. the deceased, his younger brother, P.W. 2. Mohan, Vasu, elder brother of P.W. 1. Duraisami, Sivasami Prabhakaran, P.W. 3. and others were conversing. At that time, the deceased called P.W. 3. as Thambi. The accused 1 and 2 came there at that time on a cycle. The first accused questioned the deceased as to whom he called as Thambi thinking that the deceased called him as Thambi and thereby he was insulting him. The deceased told him that he only called P.W. 3. as Thambi. All the persons present there, pacified the first accused and the second accused and thereupon, they left We place. This is stated to be the motive for the occurrence.

(3.) On 5/2/1983 night at about 10.00 p.m. P.W. 1, P.W. 2, the deceased, Sivasami and Prabhakaran went to Devaki Cinema Theatre. They asked one Siva to purchase tickets and P.Ws. 1, 2 and the deceased went to the place where the tickets were being collected and tom. At that time, the second accused came there and called the deceased by saying that they wanted to talk to him separately and took him. P.Ws. 1 and 2 followed them. The accused 1 and 3 were standing near the Cabin. The first accused after reaching the place saying Yesterday you insulted me on the road. If you can, you can do now.T So saying, he went near him. The accused 2 and 3, caught hold of the hands of the deceased. The first accused took out M.O. I. from his waist and stabbed him on the left back; Thereupon all of them ran towards west. The deceased after receipt of the stab chased them and fell down. Thereupon P.Ws. 1 and 2 took the injured to P.W. 4 Dr. Prabhu. He bandaged the wound and asked them to take him to Government Hospital, Coimbatore. Accordingly, they took the injured to the government Hospital. P.W. 5 Assistant Surgeon attached to Coimbatore Medical College Hospital who was in the casuality ward at about 11.00 p.m. examined the injured and found him already dead. Thereupon, he sent the body to the mortuary and sent intimation Ex. P. 2 to the Outpost Police Station in the Government Hospital. P.W. 9 who was the had Constable of Out post Police Station at Government Hospital, on receipt of Ex. P. 2 intimation, went to the hospital recorded the complaint Ex. P. 1 from P.W. land he sent the same along with a memo Ex. P. 9 to the concerned Kovilpalayam Police Station. P.W. 10 Sub Inspector of Police, Kovilpalayam Police Station at about 4.00 p.m. got Ex. P. 1 and Ex. P. 2 and Ex. P. 9 through the constable and on the basis of the same, he registered a case in Cr. No. 21/83 under Sections 302 and 342 I.P.C. and prepared First Information Report Ex. p. 10 and copies thereof. He sent Ex. p. 1, F.I.R. (Ex. p. 10) to the court and copies to the higher officials. Thereupon he reached the scene place at about 5.30 p.m. prepared observation mahazar Ex. P. 11 and drew rough sketch Ex. p. 12. At about 7.00 a.m. he seized blood stained earth M.0.9 and sample earth M.O.1O under a cover of mahazar Ex. P. 13. P.W. 11 the Inspector of Perianaya kanpalayam Police Station at about 6.00 a.m. on 6.2.1983 got a copy of F.I.R., Ex. P. 10. At about 7.10 a.m. he went to the scene place and learnt that the Sub Inspector of Police had already gone to the hospital and he went there and held inquest over the dead body of the deceased between 8.00 a.m. to 12.00 noon and during inquest, he examined P.Ws. 1 and 2. Ex. P. 14 is the inquest report prepared by him. After completing inquest, he entrusted the dead body with P.W. 7 with a requisition EX. P. 3 to the medical officer to conduct autopsy. He continued the further investigation at 9.30 a.m. He seized M.O. 2 from P.W. I under mahazar EX. P.15 and M.Os. 3 and 4 from P.W. 2 under Ex. P. 16 Mahazar.