AYYAPPAN Vs. THE STATE

JUDGEMENT

(1.) The sole accused, Ayyappan, who was tried and convicted in S.C.No 177 of 2012 on 16.08.2013 by the District Sessions Judge, Vellore District, Vellore, is the appellant before us. He was charged and convicted as follows: <FRM>JUDGEMENT_18_LAWS(MAD)10_2014_1.html</FRM>

(2.) It is the case of the prosecution that the deceased Devendran was the brother of Meganathan [P.W.1] and husband of Uma Rani [P.W.2]. That on 09.07.2011 around 3.00 in the evening, while Devendran, his wife Uma Rani [P.W.2] and younger brother Meganathan [P.W.1] were going to the shandy, when they neared the limekiln of one RK Anbu, they found the appellant standing there. While the three were talking amongst themselves, the appellant came towards them and asked the deceased as to what they were talking. At that time, the deceased did not give any reply. Enraged by that, it is alleged that the appellant took a log that was lying nearby and gave a blow on the head of the deceased. Meganathan [P.W.1] and Uma Rani [P.W.2] carried Devendran to Government Hospital, Walajah, where Dr.Venkateshwaran [P.W.9] examined Devendran and noted the injuries in the Accident Register, a copy of which was marked as Ex.P11. He was found to be bleeding profusely on the head. Dr.Venkateshwaran [P.W.9] gave him first aid and referred him for better treatment to the Government Medical College Hospital, Vellore.

(3.) The entire case of the prosecution revolves around the eye witness account of Meganathan [P.W.1], Uma Rani [P.W.2] and Jayshankar [P.W.3]. Meganathan [P.W.1] in his evidence stated that he is doing finance business and that his elder brother was Devendran, who was married to Uma Rani [P.W.2] and they have two children. On 09.07.2011 while they were on their way to the shandy, they found the appellant, who was known to them previously, standing opposite a limekiln of one RK Anbu. While the three were discussing amongst themselves as to what to purchase in the shandy, the appellant, who according to Meganathan [P.W.1] is a ruffian, came to them and asked the deceased as to what they were talking. When the deceased did not choose to give any reply, he got enraged and he picked up a casuarina stick and gave a blow on the head of the deceased. The deceased fell down and there was profuse bleeding on his head. He further deposed that the deceased was carried in a autorickshaw to Gudiyatham Hospital, where he was given immediate treatment. Thereafter, he was referred to Government Medical College Hospital, where further treatment was given.