ANNAMALAI Vs. STATE

JUDGEMENT

(1.) APPELLANTS 1 to 5, who were arrayed as A-1 to A-5, were tried and convicted by the learned III Additional Sessions Judge, Salem , in Sessions Case no. 6 of 1999.

(2.) APPELLANTS 1 and 2 were charged under Section 148 i. P. C. while appellants 3 to 5 were charged under Section 147 I. P. C. under charge Nos. 1 and 2 respectively. Appellant 1 and 3 were charged under Section 302 read with 34 I. P. C. under Charge No. 3 and under Charge No. 4, appellants 2, 4 and 5 were charged under Section 302 read with 149 I. P. C. The third appellant was charged under Section 323 I. P. C. for causing injury to P. W. 1 under Charge no. 5, while the fourth appellant was charged under Section 323 I. P. C. for causing injury to P. W. 1 under Charge No. 6. The second appellant was charged under Section 324 I. P. C. for causing injury to P. W. 3 under Charge No. 7 and the fifth appellant was charged under Section 323 I. P. C. for causing injury to p. W. 4 under Charge No. 8. Under Charge No. 9, the fourth appellant was charged under Section 323 I. P. C. for causing injury to P. W. 2 and the fifth appellant was charged under Section 323 I. P. C. for causing injury to P. W. 2 under Charge no. 10. The learned trial Judge, while finding appellants 3 to 5 guilty under section 147 I. P. C. , sentenced each one of them to six months rigorous imprisonment and appellants 1 and 2, on being found guilty under Section 148 i. P. C. , were each sentenced to one year rigorous imprisonment. APPELLANTS 1 and 3 were found guilty as charged under Section 302 read with 34 I. P. C. and were each sentenced to imprisonment for life. APPELLANTS 2, 4 and 5 were also found guilty under Section 302 read with 149 I. P. C. and they were also similarly sentenced. The third appellant, who was found guilty for causing injury to p. W. 1, was sentenced to six months rigorous imprisonment and the fourth appellant, on being found guilty under Section 323 I. P. C. under Charge Nos. 6 and 9, was sentenced to six months rigorous imprisonment under each charge. The second appellant, on being found guilty under Section 324 I. P. C. , was sentenced to one year rigorous imprisonment, while the fifth appellant, on being found guilty under Charge Nos. 8 and 10, for causing injuries to P. Ws. 4 and 2 respectively, was sentenced to six months rigorous imprisonment under each charge. The appeal is against the said conviction and sentence.

(3.) P. W. 18, the Inspector of Police attached to sooramangalam police station during the relevant period, on receipt of a copy of the printed first information report at 2. 00 p. m. , proceeded to the scene of occurrence and reached it at 3. 00 p. m. He prepared an observation mahazar, Ex. P. 4. A rough sketch, Ex. P. 38, was drawn. He examined witnesses and recorded their statements. He seized blood-stained earth and sample earth under a mahazar, ex. P. 5, attested by witnesses. At about 6. 30 p. m. , he took photographs of the backyard of the house of P. W. 1's grandmother. He seized the branches, which were kept there, under a mahazar, Ex. P. 6. He left the scene of occurrence and reached Government Mohan Kumaramangalam Hospital, where he examined P. Ws. 1 to 4 and recorded their statements. The injured Mathaiyan (the deceased) was found unconscious. P. W. 18 seized the blood-stained clothes, which the deceased was wearing at the time of occurrence, under a mahazar, Ex. P. 3. On 27. 3. 96, on receipt of the death intimation, Ex. P. 18, that Mathaiyan died at about 11. 45 p. m. , P. W. 18 altered the crime to one under Section 302 I. P. C. by preparing express reports. Ex. P. 39 is a copy of the printed first information report in the altered crime. He proceeded to Government Mohan Kumaramangalam Hospital and after summoning panchayatdars, conducted inquest between 9. 00 a. m. and 10. 00 a. m. over the dead body of Mathaiyan and during the inquest, he examined P. Ws. 1 to 4. The inquest report is Ex. P. 40. After the inquest, he gave a requisition to the doctor requesting him to conduct autopsy.