MARIA SUSAI ALIAS FELIX Vs. STATE OF PONDICHERRY

JUDGEMENT

(1.) APPELLANTS are accused No. 1 to 4 in S. C. No. 6 of 1997 on the file of II Additional Sessions Judge, Pondicherry . For causing the murder of one Sundal Shanmugam alias Nattar, APPELLANTS were convicted under S. 304 (II) I. P. C. and sentenced to undergo Rigorous imprisonment for a period of Three Years each. For causing injuries to witnesses Rajaram and Iyyappan, A. 1 and A. 2 were convicted under S. 324 I. P. C. and sentenced to undergo Rigorous Imprisonment for a period of One Year each.

(2.) P. W. 1 - Rajaram is the second husband of P. W. 3 -Gnanavadivu. On 29. 04. 1995, P. W. 1 Rajaram was standing in front of his house in kandoctor Thottam. At that time, A. 1 to A. 4 and two more accused armed with deadly weapons like Knives and Sticks came and abused P. W. 2 - Umai alias iyyappan. When the accused were coming near the house of P. W. 3 - Gnanavadivu, p. W. 2 was standing near his house just watching the accused. Accused asked p. W. 2 to go away; but P. W. 2 - Umai alias Iyyappan was still standing. Hence A. 1 to A. 4 caught hold of the Shirt of P. W. 2 and A. 2 caused cut injuries on the left Chin of P. W. 2 with Aruval. P. W. 3 - Gnanavadivu, mother of P. W. 2 - Umai alias Iyyappan pleaded to leave her son. Because of the assault by A. 2, P. W. 2 sustained bleeding injuries on his head. A. 1 asked P. W. 1 as to why he was roaming hither and thither. So saying A. 1 tried to attack P. W. 1 with Long Knife near his Stomach. When suddenly moved, P. W. 1 sustained bleeding injuries on his stomach. At that time, one Sundal Shanmugam alias Nattar known to P. W. 1 for more than twenty years had come nearby. On seeing him, all the accused persons shouted saying " Here comes Nattar, attack him ". So saying, all the accused ran towards him. A. 2 twisted the leg of Sundal Shanmugam, who had fallen down. After he had fallen down, all the accused surrounded him and caused injuries with Knives and Sticks continuously all over the body. This occurrence was witnessed by the Nephews of Sundal shanmugam viz. , P. W. 5 Raja and P. W. 6 Selvam alias Palai, who were coming from behind Sundal Shanmugam at a distance of about 10 metres. That apart, P. W. 4 suresh, a child aged about Ten Years had also witnessed the occurrence. After attacking the deceased, the accused had run away from the scene of occurrence.

(3.) PURSUANT to the Requisition from the Inspector of police, P. W. 12 Dr. Balaraman has conducted Autopsy on the body of deceased sundal Shanmugam. He has noted the following injuries on the body of deceased sundal Shanmugam:- (i) Multiple incised wound over left side of face. Scalp and neck exposing fractured bones of vault of skull and brain matter. (ii) Vertically placed incised wound 9 X 3 cm cutting the ribs completely exposing thoracic cavity present over front of Chest 2 cm to the left of mid line. (iii) Stab wound 4 X 2 cm and 3 X 1 cm over upper abdomen entering abdominal cavity. (iv) Stab wound 2 X 1 cm and 2 X 2 cm over left side of abdomen entering abdominal cavity. (v) Stab wound 5 X 2 cm entering thoracic cavity present below left axilla. (vi) Chop wound 10 X 3 cm cutting all metacavital bone over left hand. (vii) Chop wound over all four fingers on right hand with amputation of right index finger completely. Opining that the deceased died of Shock and Haemorrhage due to multiple injuries and that Injuries No. 1 and 5 are vital in nature, p. W. 12 had issued Ex. P. 17 Post-mortem Certificate. Ex. P. 19 is the Final Opinion regarding the cause of death. After Post-mortem, wearing apparels of deceased (M. O. 14 Blood Stained T. C. Shirt, M. O. 15 Blood Stained T. C. Half Pant and m. O. 16 Blood Stained Dhoti) were handed over to P. W. 14 Muthusamy, Head constable by P. W. 12 and the same was seized under cover Mahazar (Ex. P. 32) in the presence of witnesses Subbarayan and Alfer.