CHINNA KALAI ALIAS SAVARIMUTHU Vs. STATE

JUDGEMENT

(1.) A-1 in S. C. No. 57 of 1985 on the file of the I Additional sessions Judge, Trichy has filed this appeal challenging his conviction under sec. 302, I. P. C. and the sentence of imprisonment for life and under Sec. 326, i. P. C. and the sentence to undergo rigorous imprisonment for two years and under sec. 324, I. P. C. and the sentence to undergo rigorous imprisonment for one year and directing the sentences to run concurrently.

(2.) THE appellant herein, hereinafter called A-1, was tried along with his father, A-2 for four charges, under, Sec. 302, read with sec. 34, Sec. 307 (two counts) and Sec. 324, I. P. C. on the allegation that on 11. 9. 1984 at about 5. 30 p. m. at pambattipatti near Kalaththu Veedu belonging to the accused. A-1 stabbed the deceased Velankanni Arokiam with a knife indiscriminately while A-2 beat him with a wooden hammer over his head and face and during the course of the same transaction A-1 stabbed the witness Ronikkam, P. W. 1, wife of the deceased, with a knife on her left side chest and right side back with intention to murder her, and also stabbed Arulayi, P. W. 2, the mother of P. W. 1 and mother-in-law of the deceased, with a knife on her right and left scapula with intention to cause her death and A-2 heat P. W. 3, Sowriammal, with a wooden hammer and caused simple injury. To substantiate the above charges the prosecution examined p. Ws. 1 to 15, field Exs. P-1 to P-18 and marked M. Os. 1 to 6.

(3.) P. W. 15 continued further investigation and he examined some of the witnesses at Anjakkaranpatti on 13. 9. 1984 and also P. W. 7 at pambattipatti village and recorded his statement. At about 5 p. m. he arrested a-2 at Seethakkadu forest land west of his house in the presence of witnesses and he voluntarily gave a confessional statement and it was reduced into writing, the admissible portion of which is marked at Ex. P-4. In pursuance of the same he took P. W. 15 and party to a place 15 feet away from the place of arrest and from there he produced M. O. 1 stick and it was seized under cover of a mahazar Ex. P-5 attested by witnesses. Thereafter he brought, A-2 to the police station since there were injuries on his person and he was sent to the government Hospital for examination and treatment P. W. 11 examined A-2on 13. 9. 1984 at about 7. 45 p. m. for certain injuries said to have been caused on 11. 9. 1984 at 5. 30 p. m. by known persons and he found on him the following injuries: (1) A lacerated injury 2" x 1" x 1" over the front of the forehead. (2) A lacerated injury 2' ' x 1" x 1/2" over the top of the scalp on the left side. According to him, those injuries could have been caused by attack with M. O. 1 iron rod at the time alleged, P. W. 15 got information about the surrender of A-1 before the Chief Judicial Magistrate, Trichy on 17. 9. 84 He examined P. W. 12 and recorded his statement. He gave a requisition, Ex. P-12 to the court on 12. 8. 1984 to send them for Chemical analysis. P. W. 13 is the Head clerk attached to the Judicial II Class Magistrate''s court, Manapparai. It is his evidence that in pursuance of the requisition ex. P-12, M. Os. 2 and 4 to 6 were sent for Chemical analysis. Exs. P-14 and P-15 are the reports of the chemical analyst and serologist respectively. P. W. 15 examined P. W. 10, who conducted autopsy on 17. 9. 1984 and recorded his statement. He examined him again on 30. 10. 1984 and on the same day he examined P. W. 11 doctor. Thereafter he got promotion and was transferred. His successor took up further investigation and filed a charge sheet against the accused on 15. 12. 1984 under Secs. 307, 324 and 302, I. P. C.