MAHALINGAM Vs. STATE REP

JUDGEMENT

(1.) Appellants were respectively accused 1 to 6 in Sessions Case No. 195 of 1985 on the file of Court of Session, South Arcot Division, Cuddalore. They faced their trial for the charges as below :- Charge No. Against which accused Offences under the Indian Penal Code Firstly, accused 1 and 3 to 6 147 Secondly, accused 2 148 Thirdly, accused 2 302 Fourthly, accused 6 302 read with 34 Fifthly, accused 1,3,4 and 5 302 read with 149 Sixthly, accused 1,3,4 and 5 323 Seventhly, accused 1,2 and 5 323 Lastly accused 1,2 and 5 323

(2.) Learned Sessions Judge found accused in volved in Charge Nos. 6, 7 and 8, not guilty and acquitted them thereof. He, however, found accused 1 and 3 to 6 guilty under Section 147 of the Indian Penal Code, convicted them thereunder then sen tenced each of them to rigorous imprisonment for one year and accused 1, 3, 4, 5 and 6 guilty under Section 302 read with Section 149 of the Indian Penal Code (in respect of accused 6, instead of under Section 302 read with Section 34 of the Indian Penal Code), convicted them thereunder then sentenced each of them to imprisonment for life. He found accused 2 guilty under Section 148 of the Indian Penal Code, convicted him thereunder and sen tenced to rigorous imprisonment for two years and under Section 302 of the Indian Penal Code, con victed him thereunder and sentenced him to imprisonment for life.

(3.) The case of the prosecution, in brief, is as follows :- (a) There is a Kaliamman temple at Melmanakkudi Village, which is situate within Bhuvanagiri Police Station limits. A festival on the day before the Tamil New Year's day had been celebrated for quite long by the villagers in the said temple. The temple was not provided with electric ity connection. During the times of Festival, elec tricity connection had been usually taken from the house of one Krishnamoorthy Nadar (since de ceased). For the New Year's festival in the year 1985, as usual, electricity connection had been taken from the house of the deceased. P.W. 4 had been engaged for providing sound and light, during the celebration of the festival in the said temple. (b) It so happened, an issue, as respects electric ity connection for the said temple came to be raised and in that connection, that villagers at 8.00 P.M., on 13-4-1985, congregated in front of the temple. (c) Accused 1 to 6 are residents of Memanakkudi Village. Accused 1 to 3 are brothers. Accused 4 and 5 are their step-mother's sons. Accused 6 is their cousin. P.Ws. 1 and 2 are the sons of the deceased. (d) During the course of the meeting, accused 3 suggested that the electricity connection for the temple should be taken in his name. He was in possession of the cash belonging to the temple and he would utilise the same for the purpose of electric ity connection. This was objected to by P.W. 1 and others and that they then suggested was that the electricity connection should be taken in the name of one Kalimuthu, Village Administrative Officer, of Akkadavalli. The moment such a suggestion had been projected, a wordy altercation ensued between accused 1 and P.W. 1. In the process of such an altercation, accused 1 was stated to have pushed P.W. 1 down and beat him at his right hand and back by means of a stick. P.W. 2, who had been present there, tried his level best to separate them. But, it proved futile and consequently, he was stated to have given a hit on the head of accused 1, by means of a stick, which was lying there. At that time, the deceased was stated to have intervened, pacified them and averted any untoward incident being hap pened. The deceased was also stated to have proclaimed that he would take the electricity connection to the temple, in his own name, utilising his own funds. At that time, accused 1 to 6 registered their protest and questioned whether it was proper for all the things to be done in the name of the deceased, in relation to the temple. So, saying, they vowed to wreak vengeance and then left the place. (e) The deceased, after reaching his house, was sitting in the front verandah of his house, which is situate on the north of the east-west road, that is to say, his house faces south. On the west of his house, a lamp post is situate on the northern margin of the road. The said lamp post was not having any bulb and therefore, it was not emitting any light during night hours. There is also a lamp post on the western extremity of the road at a point when the road takes a slight tilt and deviates towards south-western direction. A bulb in the said lamp post was burning during night hours. There is also another lamp post on the eastern extremity of the road on the northern side at a point or place, where the said road takes a turn and deviation towards north-eastern direction. The bulb in the said lamp post was also not burning during night hours. There is one more lamp post situate on the eastern side extremity of the road on the southern side at a point where the road takes a turn and the bulb in the said lamp post was also not burning during night hours. Kaliamman temple is situate 100 feet away on the west of the house of the deceased. (f) The deceased mandated his son P.W. 2 to bring cattle to-the-shed in the backyard of his house to the lane situate on the east of his house for tying the cattle there. While doing so, P.W. 2 was stated to have put on the light above the window facing the lane. At that time, P.W. 1 was stated to be washing his bands in the hand pipe situate on the backyard of his house. The moment the cattle was brought by P.W. 2 to the lane, the deceased took custody of the cattle and tried to tether it to the peg on hook there. (g) At that time, accused 2 emerged from the garden belonging to accused 4, arming himself with a crowbar (MO 3), after removing the fence put up on the eastern ridge of the lane. He gave a hit on the right flank of the deceased with M.O. 3. On receipt of the hit, the deceased sat down in quick succes sion, he gave two more hits with M.O. 3 on the head of the deceased. Thereafter, the deceased fell down. At that time, P.W. 3 and one Prakasam were making onward march from north to south in the lane and they had the opportunity of witnessing the occur rence. The other accused, namely, accused 1 and 3 to 6 threw stones from the garden of accused 4 and in that process certain injuries had been caused to P.Ws. 1 and 2. (h) Thereafter, the injured - deceased was bodily lifted by P.Ws. 1, 2 and others and placed in the front Verandah of their house. P.Ws. 1 and 2, along with their mother Thillaiammal took the injured - de ceased in the bus to Bhuvanagiri Police Station. They reached the police station at 10.30 P. M., P.W. 11 Head Constable was then in charge there. P.W. 1 gave a report, to P.W. 11, who reduced the same into writing, as per his dictation. Accused 1 also appeared before P.W. 11 at 11 P. M., and gave a report, as respects the occurrence. P.W. 11 did not at all register a case either on the report of P.W. 1 or on the report of accused 1. He would, however, send P.Ws. 1 and 2, injured - deceased and accused 1, with a memo to the hospital for treatment. Then, he visited the scene village at 11-30 P. M. and returned to the police station at 2 A.M., (on 14-4-1985). Thereafter, he registered a case in crime No. 151/85 for alleged offence under Section 160 of the Indian Penal Code. Exhibit P. 13 is the printed FIR. (i) P.W. 8 was the then Medical Officer, Govern ment Hospital, Chidambaram. He examined the injured-deceased at 11-15 PM and treated him for the injuries. Exhibit P. 7 is the copy of the accident register. He examined P.Ws. 1 and 2 at 11.20 PM. One after another and treated them for their injuries. Exhibits P. 8 and P. 9 are the copies of the accident registers issued to P.Ws. 1 and 2 respectively. At 11.55 PM. he examined accused 1 and treated him for the injuries. Exhibit P.10 is the copy of the accident register issued to accused 1. Considering the seriousness of the injuries sustained by the injured-deceased, he referred him for further treatment and management to the Government Head Quarters Hospital, Cuddalore. (j) P.W. 12 is the Sub. Inspector of Police Bhuvanagiri. He has gone for investigation in connection with another case and returned to the police station at 2-10 AM (on 14-4-1985). He perused the FIR in crime No. 151/85 and on such perusal, he came to the conclusion that what P.W. 11 Head Constable had done in registering the case only under Section 160 of the Indian Penal Code was not correct and what he had done was that he registered the complaint of P.W. 1, namely, Exhibit P. 1, as Crime No. 152/85 for alleged offences under Sections 147, 148, 324 and 323 of the Indian Penal Code. Exhibit P. 15 is the printed FIR. He also registered the complaint given by accused 1, namely, Exhibit P. 14, as a case in Crime No. 153/85 for alleged offences under Sections 147, 148, 323 and 324 of the Indian Penal Code. Exhibit P. 16 is the printed FIR. After the registration of these two Crime Numbers, he dropped the case in Crime No. 151/85. (k) The deceased, sent to the Government Head Quarters Hospital, Cuddalore, got admitted as an inpatient there at 3 AM on 14-4-1985 and he breathed his last at 3.50 AM there. (l) P.W. 12 left the police station and reached the scene village at 4 AM. After inspecting the scene, namely, the lane lying on the east of the house of the deceased, he prepared Exhibit P. 2 observation mahazer at 6 AM. Exhibit P. 17 is the rough sketch of the scene. At 6-15 AM, he seized M.O. 1 series- stones, under the cover of Exhibit P. 3 Mahazar. Exhibits P. 2 and P. 3 were attested by P.W. 5 and another. He examined P.Ws. 2 and 3. He searched for the accused and they were not available. He returned to the police station at 9.15 AM. (m) He came to know then that the deceased died at 3.50 AM at Cuddalore Head Quarters Hospital, as revealed by Exhibit P. 18, death intimation, He then altered the case in Crime No. 152/85 into one under Section 302 of the Indian Penal Code. He prepared express reports and sent the same to the court and the officers concerned. Exhibit P. 19 is the express FIR. (n) P.W. 13 was the then Inspector of Police (Law and Order), Chidambaram Town Police Station. On receipt of express FIR at 9.15 AM, he went to Bhuvanagiri police station and took up further in vestigation. He went to the scene and verified the investigation already made by P.W. 12. At 10.15 AM, he recovered the blood stained Cement scrap ping (M.O. 4) from the front verandah of the house of the deceased. He also seized the sample earth (M.O. 5). M.Os. 4 and 5 were seized under Exhibit P. 4 mahazar, attested by P.W. 5. (o) He then went to Cuddalore Headquarters Hospital. He held inquest over the body of the deceased. Exhibit P. 20 is the inquest report. During inquest, he examined P.Ws. 1, 2, 3 and others. He handed over the body of the deceased to the Con stable, P.W. 10 at 3.30 PM, along with Exhibit P. 11 requisition for the purpose of autopsy. (p) P.W. 9 was the then Medical Officer attached to the Government Headquarter's Hospital, Cuddalore. On receipt of requisition, Exhibit P. 11 at 4 PM, he commenced autopsy over the body of the deceased at 4.30 PM on the same day. Exhibit P. 12 is the post mortem certificate. He is of opinion that the deceased would appear to have died of multiple fracture of skull bone with coreberal haemorrhage and shock 12 to 14 hours prior to autopsy. (q) Immediately after the autopsy was over, the body was handed over to the Constable, P.W. 10, who, in turn, seized from the body M.O. 2 dhoti and handed over the same in the police station, which was seized under Form No. 95. (r) P.W. 13 then examined P.W. 9 in the hospital. Thereafter, he went to the scene village and examined P.W. 5 and others. On 15-4-1985, he examined P.W. 4 and others. He also examined witness by name Ranganathan in connection with Crime No. 153/85. On 17-4-1985 at 11 AM, he arrested accused 1 to 6 at Villianallur near the bus stand in the presence of P. Ws. 6 and 7. Immediately after arrest and on interrogation, one of the accused namely, accused 2 gave a confession under Section 27 of the Evidence Act stating that he kept concealed the crowbar underneath the culvert in the lake at Melamanakkudi. The admissible portion of the said confession statement in Exhibit. P. 5. Pursuant to the said confession, he took P.Ws. 6, 7 and 13 to lake at Melamanakkudi he took out the crowber M.O. 8 kept concealed underneath the culvert in that lake, which was seized under Exhibit P. 6 mahazar. Ex hibits P. 5 and P. 6 were attested by P.Ws. 6 and 7. Then all the accused were brought to the police station and from there, they were sent to court for remand. He also examined accused 1. On 27-4- 1985, he examined P.W. 8. On 10-6-1985, he exam ined Sub-Inspector, P.W. 12. On 23-6-1985, he examined P.W. 10. After completing the investiga tion in crime No. 153/85, he dropped further inves tigation. Chidambaram Taluk Inspector filed a final report under Section 173(4) Crl. P.C. against ac cused in crime No. 152/85 for the aforesaid of fences.