JOTHI ALIAS JOTHI RATCHAGADAS Vs. STATE

JUDGEMENT

(1.) THE sole accused in a case of murder, on being found guilty as per the charges and sentenced to undergo life imprisonment under section 302 I. P. C. and six months rigorous imprisonment under Section 323 i. P. C. (2 counts), by the learned Sessions Judge, Villupuram in S. C. No. 193 of 1998, has brought forth this appeal.

(2.) THE short facts necessary for the disposal of the appeal can be stated thus: (a)P. W. 1 is the son and P. W. 2 is the wife of the deceased. THEy were residents of THEli Colony. THE appellant/accused was also residing in a house nearby. On 18. 04. 1997, P. W. 1 was chaining the cattle, which has been questioned by the appellant, due to which, a quarrel arose and the accused made an attempt to assault P. W. 1 and on hearing the cry, P. W. 2 and her husband came out of the house. When the deceased questioned the conduct of the accused, immediately, the accused attacked the deceased with a wooden reaper, as a result of which, he fell down. While P. W. 2 interfered, she was also attacked by the accused with wooden reaper. Immediately, he went away from the place of occurrence. (b)P. W. 1 took both P. W. 2-his mother and his father/deceased to a private hospital run by P. W. 6. P. W. 6 informed his inability to attend them. THEn, both of them were taken to the Government hospital, Villupuram. P. W. 10, the Doctor attached to the Government Hospital, villupuram examined the deceased, found the following injuries and issued a wound certificate Ex. P11: 1. Laceration over scalp in the fronto parietal region vertically 6 cm x 1 cm x 1 cm. 2. Contusion right occipital region 4 cm x 3 cm (c)P. W. 11, the Doctor attached to the Government hospital, Villupuram, on 17. 04. 1997 at about 9. 50 p. m. , has examined P. W. 1, who was sent along with a requisition, and issued a wound certificate Ex. P15. Since the condition of the deceased was serious, he was directed to be taken to jipmer Hospital, Pondicherry. Accordingly, he was taken to the JIPMER Hospital, pondicherry and P. W. 7, the Head Constable, attached to Villupuram West Police station gave information to the Villupuram Taluk Police Station in respect of the admission of the deceased Mariasavari and P. W. 13, the Head Constable, attached to Villupuram Taluk Police Station received the information at 11. 45 p. m. on 16. 04. 1997 and proceeded to the hospital at 1. 45 a. m. On 17. 04. 1997, he recorded the statement of P. W. 1, marked as Ex. P17, on the strength of which, a case came to be registered by the respondent police in Crime No. 403 of 1997 for the alleged offences under Sections 323 and 307 I. P. C. Printed First information Report Ex. P18 was despatched to the concerned Court. (d)On receipt of the copy of the same, the Investigating officer P. W. 14, took up the investigation and proceeded to the scene of occurrence. He made an inspection in the presence of two witnesses and prepared an observation mahazar under Ex. P2 and a rough sketch Ex. P19. Material objects viz. , sample earth and blood stained earth were seized under a mahazar and when p. W. 14 came to know that the deceased who was admitted in the JIPMER hospital, pondicherry died, for which, an intimation was also received, he converted the case into one under Section 302 I. P. C. and the amended First Information report, Ex. P21 was despatched to the Court. He proceeded to the mortuary and conducted inquest on the dead body of the deceased in the presence of witnesses and panchayatdars and prepared Ex. P22, the inquest report. (e)Pursuant to the request by the Investigating Officer, p. W. 12, the Doctor attached to the JIPMER Hospital, Pondicherry conducted autopsy on the dead body of the deceased and found the following injuries: 1. A partially healed and sutured wound (black sutures) is seen present on the left parietal region of the vault, near the midline, antero-posteriorly placed, 7 cms in length, Pus, whitish in colour is seen oozing from the wound. 2. An abrasion, dark reddish brown in colour, is seen present just on the right side of the injury no. 1 mentioned above, antero-posteriorly placed, 7 cm x 0. 5 cm.

(3.) HEARD the learned counsel for the State on the above contentions.