AMMASI Vs. STATE

JUDGEMENT

(1.) THE appellants are A-2, A-27, A-28 and A-29. Though A-1 to A-34 were tried for various offences like Sections 147, 148, 302, 324, 323 and 109 read with 302 IPC, the trial Court chose to convict the appellants alone, namely A-2, A-27, A-28 and A-29 for the offence under Section 302 IPC and sentenced each of them to undergo life imprisonment and acquitted all the other accused in respect of the other charges. Aggrieved by the said conviction and sentence, the appellants have filed the above appeal.

(2.) BRIEF facts leading to conviction are as follows: (a) The accused party (caste Hindus) belonging to vanniyar community, were residing in Puliampatty Village . The deceased party belonging to Adi Dravidar community, were residing in the same village in a colony. (b) On 17. 7. 1992, one Sekar belonging to Vanniyar community died. The tradition is that whenever a person from Vanniyar community dies, Adi Dravidar community people used to offer "varisai" and help the family to take the body to the burial ground. On 18. 7. 1992 at 1. 00 p. m. , deceased Kuppusamy, P. W. 1 Jayavel, P. W. 4 Alamelu, P. W. 5 Muniammal, brought the "varisai" and kept the same before the dead body. The funeral procession started to the burial ground. (c) While so, one Subash belonging to Adi Dravidar community was dancing. The same was objected to by one Chinna Thambi, belonging to the same community. A-1 Selvam objected to this and questioned him as to how could he ask Subash to stop the dance. In the wordy quarrel that ensued, Chinna thambi who belongs to Adi Dravidar community, was beaten by A-1 Selvam, who belongs to Vanniyar community. Then, the villagers pacified both the parties and they dispersed. (d) After the funeral was over, both parties returned to their respective places. At about 4 p. m, P. W. 1 Jayavel, P. W. 2 Govindan, P. W. 3 kasi and deceased Kuppusamy had conversation among themselves along with Chinna thambi, who was beaten by A-1 Selvam at the time of funeral procession. At that time, all the accused numbering 1 to 34, came to the colony with stone, wooden logs, iron pipe, stick, "soolam", etc. and attacked the deceased party. (e) A-2 Ammasi beat the deceased with the iron pipe on the head. A-27 Arumugam beat the deceased on his forehead with the wooden log and others attacked P. W. 1 and other witnesses. Then, the accused persons fled away from the scene. (f) The deceased sustained serious injuries on the head and P. Ws. 1 to 5 also sustained injuries. Arrangements were made to take them to the hospital by catching a bus. Accordingly, they got into the bus from the village and the bus was proceeding to Chengam Government Hospital for treatment. (g) When the bus crossed the village, it was stopped by the accused party. A-28 Shanmugam went inside the bus and caught hold of the tuft of the deceased and dragged him out from the bus and beat him. A-29 Raj also beat the deceased on his head with the wooden log. The other witnesses, who were present in the bus, were also attacked by the other accused. When the injured persons raised a hue and cry, the accused persons ran away from the scene. (h) At about 6. 00 p. m. , the deceased and injured persons went to Chengam Government Hospital through another bus. P. W. 11 Doctor admitted them and gave treatment to P. Ws. 1 to 5 and issued Exs. P-6,9,8,7 and 11 accident registers, respectively. P. W. 11 doctor also treated the deceased, who was unconscious, and issued Ex. P-10 accident register. Message was sent by P. W. 11 Doctor to the Police. (i) In the meantime, on 18. 7. 1992 at about 7. 30 p. m. , A-2 ammasi and A-3 Prasad went to Police Station and gave a complaint against seven named persons including P. Ws. 1 and 2, stating that they were attacked by them while they were going back to their house. This was received by P. W. 14 sub-Inspector of Police, who registered the same in Crime No. 230 of 1992 for the offences under Sections 147, 148, 341, 324 and 323 IPC. A-2 and A-3 were sent to the hospital with the Police Memo. P. W. 11 Doctor gave treatment to A-2 and A-3 at about 9. 15 p. m. and issued Exs. D-3 and D-4 respectively. (j) In the meantime, on receipt of the message, the Head constable went to the Police Station and received a complaint from P. W. 1 which is Ex. P-1 and handed over the complaint copy to P. W. 14 Sub-Inspector of Police and registered a case at about 10. 00 p. m. in Crime No. 231 of 1992 for the offences under Sections 147, 148, 341, 324, 323 and 307 IPC. He sent the documents to the Court as well as to the higher officials. (k) At about 2. 30 a. m. on 19. 7. 1992, the deceased kuppusamy died at the Chengam Government Hospital. On receipt of the death intimation, P. W. 14 Sub-Inspector of Police altered the offence into one under section 302 IPC. (l) Then, P. W. 15, the Inspector of Police at about 5. 30 a. m. , took up investigation. He went to the spot, prepared observation mahazar, rough sketch etc. He also went to the colony and prepared observation mahazar, rough sketch etc. and also recovered the available materials from the scene of occurrence. Then, he proceeded to Chengam Government Hospital and conducted inquest over the body of the deceased and during the course of inquest, he examined P. Ws. 1 to 5. The body was sent for post-mortem. (m) P. W. 12 Doctor conducted post-mortem on the body of the deceased and found as many as four injuries on the body of the deceased. Ex. P-13 is the post-mortem certificate. Ex. P-15 is the opinion of P. W. 12 Doctor who conducted post-mortem and in the opinion, he has stated that the death was due to head injuries. (n) On 19. 7. 1992, P. W. 15 Inspector of Police arrested some of the accused and on 20. 7. 1992, he arrested the other accused. He conducted investigation and examined the other witnesses. On 19. 10. 1992, A-27, a-28 and A-29 and some of the other accused had been arrested and they were sent for judicial custody. After investigation in Crime No. 230 of 1992, he referred the case as "mistake of fact". (o) Then, on 30. 3. 1993, P. W. 16 Inspector of Police, the successor of P. W. 15, took up further investigation and examined the further witnesses. A-2 was arrested on 16. 10. 1993. After finishing the investigation, p. W. 16 filed the charge sheet against the accused. (p) During the course of trial, on the side of prosecution, P. Ws. 1 to 16 were examined, Exs. P-1 to P-28 were filed and M. Os. 1 to 16 were marked. (q) The accused denied their complicity in the crime, when they were questioned under Section 313 Cr. P. C. with regard to the incriminating materials and they stated that they only were attacked by the prosecution witnesses. (r) On the side of defence, Exs. D-1 to D-4 were marked. (s) The trial Court ultimately convicted the appellants/a-2, A-27, A-28 and A-29 alone for the offence under Section 302 IPC and acquitted the other accused in respect of the other charges, as stated above. This judgment is under challenge before this Court in this appeal.

(3.) ACCORDING to prosecution, on the date of occurrence, i. e. on 18. 7. 1992 at about 1. 30 p. m. , the prosecution party who belongs to Adi dravidar community, went to attend the funeral procession of one Sekar, who died and they played drums and brought the "varisai". While the funeral procession was on the way to the burial ground, one Subash belonging to the Adi Dravidar community was dancing. This was objected to by one Chinna thambi, who also belongs to Adi Dravidar community. As A-1 Selvam wanted the dance to continue, there was a quarrel. Then, A-1 attacked Chinna Thambi with the hands and supported the dance performed by Subash. Even though further quarrel ensued with reference to this, the villagers who gathered there and pacified the parties. Ultimately, they dispersed.