KANAKKAN ALIAS ARUMUGHAM AND ANOTHER Vs. STATE THROUGH INSPECTOR OF POLICE, VALLIYUR (IN CHARGE OF NANGUNERI) TIRUNELVELI DISTRICT

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence of life imprisonment awarded and imposed on the first Appellant under Section 302, I.P.C. (simpliciter) and a similar sentence imposed on the second Appellant under Section 302 read with 34 I.P.C. in S.C. No. 116 of 1986 on the file of the Principal Sessions Judge, Tirunelveli.

(2.) OCCURRENCE which led to this prosecution had allegedly taken place at or about 10 p.m. on 30.7.1985 at Mudalaikulam village when the Appellants were stated to have dragged deceased Pechithai from her house and thereafter first Appellant cutting her with an aruval on her head, left shoulder, right thigh, left hand, chest, neck and left thigh, while the second Appellant indulged in beating her indiscriminately with a vel stick. As a result of the attack by the Appellants, deceased died instantaneously.

(3.) IT is in this background that the impugned occurrence is alleged to have taken place at or about 10 P.M. on 30.7.1985 just opposite to the house of deceased Pechithai alias Pappa. According to P.W.1 at or about the time of occurrence he was outside the pial of his house along with his wife (not examined) and P.W.3 Pandatarathevar and engaged in conversation. He then noticed the Appellants coming towards east from the western direction the first Appellant holding a vettu aruval and the second Appellant wielding a vel stick M. Os.1 and 2 respectively. As they were nearing the house of the deceased they were hurling vulgar abuses against the deceased and specifically stated that because of the deceased they were forced to move from one court to another and hence they would not leave her without killing. The second Appellant went inside the house of the deceased with his weapon, pulled the deceased who was lying inside by her tuft, dragged her outside and in the street beat her indiscriminately with his vel stick and at the same time first Appellant cut on the vital parts of the body of the deceased, as described earlier, with M.O.1 aruval. Due to a cut inflicted by the first Appellant, except left little finger, the other portions of the hand beyond the elbow fell down separately. Soon after the incident, P.W.s. 1 and 3. inclusive of others, present found the deceased dead. P.W.2 was standing near her deceased mother and weeping in distress. Appellants, along with their weapons of offence, ran away eastwards. It is the case of the prosecution that there was bright moonlight, apart from street lights which furnished sufficient light to clearly witness the incident. P.W.1 would have it that out of fear he did not leave the village and chose to prefer a complaint at Nanguneri police station situated six miles away from the scene only on the next morning at 6:30 a.m. P. W. 14 Asirvatham Thangiah, Sub -Inspector of police, reduced into writing the narration of P.W. 1 at or about 6:30 a.m. on 31 -7 -1985 and on Ex.P.1 so recorded registered Cr. No. 244/85 under Section 302, I.P.C. Ex.P.18 is the printed first information report. He despatched Exts P -18 through police constable Arumugham (P.W.10) to the Judicial II Class Magistrate, Nanguneri, while forwarding a copy of Ex.P.18 to higher police officials. P.W.15 Sundaram, Inspector of Police, Valliyur was in charge of Nanguneri Police Station on 31 -7 -1985. On receipt of telephonic information about registration of this crime, he proceeded to Nanguneri police station, obtained copy of Ex.P -18 and took up investigation soon thereafter. He reached the scene at 7 -30 a.m. and prepared observation mahazar, Ex.P -4 and scene sketch, Ex;P -19. Between 8 and 10 -30 a.m. he conducted inquest over the corpse of Pechithai. During inquest, he examined P. Ws.1 to 3 and others. Ex.P.20 is the inquest report P.W.15 seized from the scene blood -stained earth M.O.8 and sample earth M.O.9 under mahazar, Ex.P -5. He arranged for photographs being taken of the corpse in different angles, through P.W. 7 Muthupandian. M. Os. 4 to 7 and Ex.P -9 are the photographs. After inquest, P.W.15 forwarded the corpse, for the conduct of post mortem, with a requisition Ex.P -2, through P.W. 9 police Constable Rajagopal.