ALBERT COLLINS Vs. STATE

JUDGEMENT

(1.) CLAIMING insanity at the time of commission of offence of murdering a child of five years, by invoking Section 84 IPC, the accused had tried his level best to convince the trial court to hold him not guilty under Section 302 IPC. Having failed in his attempt, he has filed this Appeal, challenging the conviction imposed by the trial court under Section 302 IPC.

(2.) THE Prosecution case, in brief, leading to the conviction of the accused, is as follows:- a. THE deceased Jemi is the daughter of PW-1 Gnanamani and his wife Meerabai. THE accused Albert Collins is the brother of Meerabai. PW-1 and Meerabai were residing along with their twin children including the deceased Jemi. THEir neighbouring house was occupied by the accused and his another sister PW-2 Violet Pushpam. THE accused was suffering from mental illness, for which, he was taking treatment from Kilpauk Mental Hospital as well as from the Mental Hospital at Coimbatore. THE accused underwent treatment and after obtaining a certificate to the effect that he was alright, he re-joined the company in which he was working on 2.11.1998. THE accused used to beat the children of PW-1. THErefore, PW-1 used to scold him. b. On 18.11.1998, PW-1 went to the School in the evening and brought Jemi and left her in the neighbouring house occupied by PW-2 Violet Pushpam. THE other child was with PW-1's wife Meerabai, who was working in a school. When the child Jemi was left in the house of PW-2 Violet Pushpam, the accused was available as he had returned by that time from his office. PW-1 went back to his office to attend his work. c. It was at about 7 P.M., PW-2 left the house leaving the child Jemi, who was sleeping at that time, and went to the shop for getting Idlis. When she returned, she saw the accused coming out from the house with an agitated mood. PW-2 went inside the house and found the deceased child lying down in a pool of blood. THE accused, who came out of the house, informed his neighbour PW-3 Williams that he took a "Kuzhavi Kal" (grinder stone) and dropped it on the head of the deceased. THEn, he ran away from the scene. d. With the help of PW-3 Williams and another, PW-2 took the deceased to K.G. Hospital, Coimbatore. THE child was admitted at 8.25 P.M.. Ex.P-16 is the Accident Register. THE deceased died at 2.50 A.M. on 19.11.1998 and the Death Intimation is Ex.P-17. In the meantime, on getting information from PW-4 Arumugham, who accompanied PW-2 to the Hospital, about the admission of the child, PW-1 went to the Hospital. On coming to know that the deceased was declared dead, he enquired PW-3 Williams. PW-3 informed PW-1 about the statement made by the accused. e. THEn PW-1 went to the Police Station and gave a complaint (Ex.P-1) to PW-12, the Sub Inspector of Police. A case was registered under Section 302 IPC. at 6 A.M. on 19.11.1998. THE documents prepared were sent to the Magistrate as well as to the superior officers. f. PW-15, the Inspector of Police, took up investigation, went to the scene of occurrence and prepared observation mahazar Ex.P-2 and rough sketch Ex.P-19 in the presence of PW-5 Karunanidhi and one Balasubramanian. He also recovered MO-1 bloodstained straw mat, MO-2 bloodstained bed-sheet, MO-3 bloodstained jacket, MO-4 grinder stone, MO-5 bloodstained cement plaster, MO-6 sample cement plaster and MO-7 bloodstained saree from the scene of occurrence under Ex.P-3 mahazar in the presence of witnesses. He conducted inquest over the body of the deceased in the presence of panchayatdars and Ex.P-20 is the inquest report. THEn, he sent the body to the Coimbatore Government College Hospital through PW-11 Constable Manoharan with the requisition Ex.P-14 to conduct post-mortem on the body of the deceased. g. PW-14 Dr.Karthikeyan, on receipt of the requisition from the Inspector of Police, conducted the post-mortem and found as many as eight injuries. He gave his opinion in Ex.P-18 post-mortem certificate that the deceased would appear to have died of cranio cerebral injuries. h. On 20.11.1998 at about 11 A.M., PW-15 arrested the accused and on his confession, MO-8 bloodstained shirt and MO-9 bloodstained lungi were recovered. PW-16, the successor of PW-15, took up further investigation. While continuing the investigation, he sent a requisition to the Judicial Magistrate PW-8 to record the judicial confession of the accused. On 1.12.1998, the judicial confession of the accused was recorded under Ex.P-7 by the the Judicial Magistrate. i. PW-16 recovered the Attendance Register under Form-95 from PW-7 Engineer, which would show that the accused attended the office from 2.11.1998 to 18.11.1998. After completion of the investigation, charge sheet was filed against the accused under Section 302 IPC.

(3.) REFUTING the said submission, the learned Additional Public Prosecutor, on the strength of the decision reported in 2002 SCC (Cri) 103 (T.N.Lakshmaiah v. State of Karnataka), would contend that once there is a plea under Section 84 IPC., it is only for the accused to prove the same. On the other hand, the prosecution has clearly proved that the accused, with full knowledge and intention, caused the injury on the head of the deceased, who died later in the hospital. Therefore, the conviction imposed on the accused is perfectly justified and has to be confirmed.