VELLAI THURAI Vs. STATE

JUDGEMENT

(1.) ACCUSED No. 1 in S. C. No. 163 of 1996 on the file of Principal Sessions Judge, Chennai is the appellant. He was tried along with another accused, who was arrayed as A-2, and the allegation against them is that at about 11. 30 p. m. on 24-4-1995, the appellant and A-2, who was acquitted by the trial court, went to the tea-stall of the deceased and asked the deceased, who was taking his food inside the tea-stall, for some water and since the water was not given immediately, the appellant kicked the food-plate from which the deceased was taking his food and stabbed him. The learned trial Judge, finding the appellant guilty under Sec. 302 IPC, sentenced him to life imprisonment while he acquitted A-2 under Sec. 302 IPC read with Sec. 34 as well as Sec. 341 IPC. The appellant as well as A-2 were acquitted under Sec. 506 (ii) IPC. The appellant challenges his conviction and sentence.

(2.) THE case of the prosecution is as follows: radhakrishnan (deceased) was the owner of a tea-stall and Prakash (PW-1) was employed under him in the said tea-stall. Velayutha Nair (PW-2) is the father of the deceased. At about 11. 30 p. m. on 24-4-1995, the deceased, PW-1 and PW-2, Chandran and others were in the tea-stall having their food. At that time, the appellant, who came there on a cycle-rickshaw along with A-2, asked the deceased for some water. The deceased in turn asked Chandran to bring water for the appellant but Chandran took some time in bringing the water. The appellant got angry since the water was not supplied immediately and started shouting. The deceased asked him not to shout as the water had to be pumped out and brought. The appellant not satisfied with the answer of the deceased, kicked the food-plate from which the deceased was taking his food and started trampling him. When the deceased attempted to run inside the tea-stall, he was caught hold of by A-2 and the appellant stabbed him on the chest. When PW-1 and PW-2 tried to apprehend the appellant and A-2, the appellant threatened them with knife and ran away from the place with the cycle-rickshaw. PW-1 and PW-2 took the injured Radhakrishnan to the Stanley Medical College Hospital and produced him before PW-3 who, on examining the injured, pronounced him dead. Ex. P-2 is the copy of the accident register. PW-3 thereafter sent the intimation to the Tondiarpet Police Station. On receipt of intimation, the Inspector of Police (PW-9) reached the Stanley Medical College Hospital and finding PW-1 there, questioned him. PW-1 gave a statement regarding the incident. The statement was reduced into writing. PW-9 returned to the police station on the complaint (Ex. P-1) given by PW-1, registered a case in Crime No. 301 of 1995 against the appellant and A-2 under Secs. 341 and 302 IPC by preparing the printed First Information Report. Ex. P-12 is the copy of the printed F. I. R. PW-9 took up investigation and reached the scene of occurrence at about 4. 15 a. m. , prepared the observation mahazar (Ex. P-6) and drew a rough sketch (Ex. P-13) in presence of the witnesses. He seized blood-stained tar-portion under a mahazar. He questioned the witnesses and recorded their statements. He then proceeded to the Stanley Medical College Hospital and examined the Doctor, who examined the deceased. He sent requisition to the panchayatars for conducting inquest and after arrival of the panchayatars, inquest was conducted between 7. 00 a. m. and 9. 00 a. m. Ex. P-14 is the inquest report. He sent the body of the deceased with a requisition (Ex. P-3) for conducting autopsy. Dr. Thangaraj (PW-4), Additional Professor, Forensic Medicines, attached to the Stanley Medical College Hospital, on receipt of Ex. P-3, requisition, conducted autopsy over the dead-body of the deceased and noted the following injuries:

(3.) LEARNED counsel for the appellant made two contentions, viz.