MANI Vs. STATE

JUDGEMENT

(1.) The appellant was convicted for an offence under Section 325 IPC and sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo three months simple imprisonment, by the Principal Sessions Judge, Vellore in S.C.No.277 of 2006 dated 7.3.2007. This appeal is filed against the said conviction and sentence.

(2.) The case of the prosecution is that the deceased gave money to the accused for buying a cellphone. On 4.1.2006, at about 2.30 p.m, the deceased was brought in an auto to his house and the auto driver informed that the deceased was attacked by some persons near Chelliamman Temple. The deceased had sustained some injuries on the head and legs and he was unconscious and therefore, the mother of the deceased took him to the Government Hospital at Vellore on 4.1.2006 and he was given treatment there and he was advised to go to CMC Hospital at Vellore or Government General Hospital at Chennai and therefore, the deceased was taken to Government General Hospital at Chennai where he was operated and he was taking treatment for one and half months and he was discharged on 14.2.2006 and thereafter, he stayed in his sister's house and came to Vellore on 20.02.2006. On 21.02.2006, he appeared before the respondent police and gave a complaint stating that on 4.1.2006, he was asked by the accused to come to Dhanabackiyam Marriage Hall at Gandhi Nagar and he went there and from there, he was taken by the accused in a TVS 50 vehicle under the Palar Bridge and the accused scolded him and attacked him with a wooden log on the backside of the head and he fell unconscious and some body took him in an auto and left him in his house and his mother took him to the Government Hospital, Vellore at about 3.30 p.m., and from there, he was taken to the Government General Hospital at Chennai on the next day, and he was discharged on 14.2.2006 and after going to his sister's house, he came to Vellore on 20.2.2006 and on 21.02.2006, he have a complaint before the police. On that basis, FIR was registered in Crime No.132/2006 against the appellant for offence under Sections 294(b) and 324 of IPC and later, investigation was conducted and charge sheet was filed for offence under Section 294(b) and 326 IPC and the deceased died on 28.5.2006 and therefore, the case was altered into one under Section 302 IPC and a final report was filed for the offence under Section 302 IPC. It is the further case of the prosecution that PW.1 father of the deceased, though not an eye-witness gave evidence regarding the fact that the deceased was brought to his house by an auto driver and thereafter, he was admitted in the Government Hospital at Vellore and later, he was taken to the Government General Hospital at Chennai. PW.2 was examined as an eye-witness. He deposed the manner in which the incident had taken place and he also deposed that the appellant attacked the deceased with a wooden log and pushed him from the bridge and thereafter, he engaged an auto and directed the auto driver to drop the deceased at his house and he came to know the address of the deceased from his visiting card found in the deceased's pocket. PWs.4 and 5 are Observation Mahazar Witnesses and they were treated as hostile witnesses and PW.3 did not said anything about the incident. PW.6 is the Doctor who treated the injured on 28.5.2006 and on the same day, the deceased died and he also intimated the death of the deceased to the police. PW.7 was the Doctor who treated the injured on 4.1.2006, namely, the date of occurrence. PW.8 is the Post-Mortem Doctor. PW.9 is the Head Constable who handed over Express FIR to the Judicial Magistrate IV, Vellore on 29.5.2006. PW.10 is the Doctor who treated the deceased at Government General Hospital at Chennai and also spoke about the discharge of the deceased on 14.02.2006. PW.11 is the Sub Inspector of Police who registered FIR on the complaint given by the deceased on 21.2.2006 and registered a case for offence under Sections 294(b) and 324 IPC and examined witnesses PW.1, mother of the deceased, one Anbu PW.2, PW.4 and PW.5 and inspected the place of occurrence and recovered the material object. PW.12 is the Sub Inspector of Police who conducted further investigation and filed a final report for offence under Sections 294(b) and 326 IPC against the appellant and examined PW.10. After the death of the deceased, further investigation was taken over by the Inspector of Police PW.13 and the case was also altered into one for the offence under Sections 294(b) and 302 IPC. He also examined PW.1, PW.2 and one Rajammal and Anbarasi. PW.14 conducted further investigation and also examined PW.4 and PW.5 and also PW.9 Head Constable Annadurai, and further investigation was conducted by PW.15 who examined the Post Mortem Doctor and filed a charge sheet against the appellant for offence under Section 302 IPC.

(3.) During trial, the prosecution examined PWs.1 to 15 and marked Exs.P.1 to 19 and the Wooden Log as MO.1.