RAMASAMI Vs. STATE

JUDGEMENT

(1.)

(2.) THE accused are related to each other as under: Govindan (A2) = Chinnammal (A3) | | ----------------------------------------- | | Ramasamy Palani @ Palaniammal A1 A4 P. W. 2 Lakshmi is the daughter of deceased Mottaiya gounder. Motive: Case of Prosecution is that deceased Mottaiya gounder owns about 10 cents of land in Bairanaickanpatty, Harur Taluk. THE land of the deceased is on the northern side, while the lands of the accused are on the southern side. THE land of the deceased is situated in a lower level. Frequently the cattle of the accused would enter into the fields of the deceased causing damage to the crops, which resulted in frequent quarrel between the accused and the deceased. P. W. 6 and other villagers have interfered and compromised the mater. Occurrence - 02. 11. 1992 - 8. 00 AM: On 02. 11. 1992 - 8. 00 am P. W. 2 and her father - deceased Mottaiya Gounder came to the field and found the cattle of the accused grazing in their field causing damage to the crops which resulted in wordy altercation. THE deceased proceeded to inform the same to the villagers. While he was so proceeding, deceased had uttered words which enraged the accused. A1 beat the deceased with hands on his cheek. A1 hit the deceased with M. O. 2 big stone on his left cheek and the deceased had fallen down. A2 Govindan had beaten the deceased on the cheek with M. O. 1 - bamboo stock. When P. W. 2 came to the rescue of her father, she was also beaten by the accused. A2 had beaten her on the hand with stone. A4 Palaniammal had beaten p. W. 2 on the right thigh below the knee with stout stick. Upon hearing the noise of P. W. 1, P. W. 3 - THEerthagiri and Panjalai, Karunanidhi and others came to the scene and witnessed the occurrence. On seeing them, all four accused ran towards north with weapons. Reporting and Registration of the case: P. W. 1 went to the village Administrative Officer (P. W. 4) Bairanaickenpatti. Her statement -Ex. P. 1 was recorded by P. W. 4 at 12. 00 Noon. THEreafter, P. W. 4 - Village administrative Offence went to the spot and inspected. He came back to the office and made his endorsement in Ex. P. 1 and sent the same to Harur Police station through P. W. 5 Panneer Selvam, Village Menial. One Narayanasamy, Sub inspector of Police, who was then on duty received Ex. P-1. On the basis of ex. P-1, he registered Ex. P. 25 - First Information Report in Crime No. 1452/92 under Section 302 IPC. under Ex. P-25. Investigation: On receipt of the First Information report, P. W. 15 - Inspector of Police had taken up the investigation. He went to the hospital and recorded the statement of P. W. 2 - Lakshmi. Her blood stained clothes - M. Os. 5 and 6 were seized under Ex. P. 4 - Seizure Mahazar. Scene of occurrence was inspected in the presence of P. W. 4 - Village Administrative officer and Shanmugam. Ex. P. 2 - Observation Mahazar and Ex. P. 26 - Rough Plan were prepared on the scene of occurrence. On the direction of the Investigating officer (P. W. 15), P. w. 9 - Photographer had taken Ex. P. 12 series - Photographs. M. O. 7 - blood stained mud and M. O. 8 - sample mud were seized under Ex. P. 3 -Seizure Mahazar. Inquest: On 03. 11. 1992 from 6. 00 AM to 9. 00 AM, witnesses were examined in the presence of panchayatdars and inquest was held on the body of deceased Mottaiya Gounder. Ex. P-27 is the Inquest Report. After the inquest, the body was sent to autopsy (with Ex. P. 15 requisition) through P. W. 14 -Constable. Post Mortem: P. W. 11 Dr. Meena had conducted autopsy and noted the following injuuries. External injuries: Bleeding from the nostrils & both ears. (1) A lacerated wound over the left frontal and left eye brow region. (2) Lacerated wound below the left eye. Internal injuries: Injury No. 2 Fracture over the right and left frontal bones, left parietal and fracture of temporal bones present and fracture over the Basal bone of anterior middle cranial fossae both the scales. Opining that the deceased died of shock and haemorrhage due to multiple injuries, P. W. 11 issued Ex. P. 16 - Post Mortem Certificate. After the Post Mortem, P. W. 11 collected blood stained clothes of the deceased (M. Os. 10 to 12) and handed over the same to the Investigating Officer under ex. P. 24 - Special Report. Arrest of the accused: On 05. 11. 1992 - 7. 00 AM in theerthamalai - Harur Main Road near Travellers'Bunglow, A1 to A4 were arrested. THEir confession statement led to the recovery of material objects. P. W. 15 - Inspector of Police had given the requisition for recording statement of the witnesses P. W. 1 Jamuna, P. W. 2 Lakshmi and P. W. 3 theerthagiri under Section 164 Crl. P. C. P. W. 10 Judicial Magistrate has recorded statement under Section 164 Crl. P. C. of the above said witnesses. Material objects were sent for chemical analysis. Upon completion of the investigation, p. W. 15 filed the charge sheet against the accused for various offences on 28. 11. 1992.

(3.) DECEASED Mottaiya Gounder owns about 10-20 cents of land in Survey No. 189 of Bairanaickenpatti. His land is situated on the northern side at a lower level. The lands of the accused in S. No. 199/1a, 199/1c are on the southern side at a higher level. Since the land of the deceased is situated at a lower level, there was frequent quarrel between the accused and the deceased alleging that the family of the deceased are slowly cutting the land of the accused and annexing the same. On account of Varappu dispute for about 7-8 years, both families were frequently quarrelling with each other and not in talking terms. Persistent enmity between the accused and family of mottaiya Gounder is spoken to by P. W. 6, who has effected Panchayat between the parties. Enmity is thus clear from the evidence of P. W. 6. Enmity heightens the probability of the occurrence.