KANNAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been brought forth from the judgment of the learned Principal Sessions Judge, Villupuram, made in S. C. No. 136 of 1998, wherein, the appellants, five in number, along with two others stood charged as follows:-

(2.) THE learned trial Judge found A-1 and A-3 to A-5 guilty under Section 147 IPC. and sentenced each one of them to undergo rigorous imprisonment for a period of one year, while A-2 was found guilty under Section 148 IPC. and awarded rigorous imprisonment for one year. The learned Judge found A-2 to A-4 guilty under Section 302 read with 34 IPC. and sentenced each one of them to undergo life imprisonment, while A-1 and A-5 were found guilty under Section 302 read with 149 IPC. and awarded life imprisonment. The learned trial Judge found A-1 and A-5 guilty under Section 323 IPC. and awarded rigorous imprisonment for a period of six months, while A-2 was found guilty and awarded rigorous imprisonment for a period of one year under Section 324 IPC. The learned trial Judge has also directed that the sentence of imprisonment imposed upon A-1 to A-5 would run concurrently. A-4, who was charged under Section 323 IPC. , A-6, who was charged under Sections 147 and 323 (two counts), A-7 , who was charged under Section 302 read with 149 and 323 IPC. , were acquitted of the said charges levelled against them by the learned Sessions Judge.

(3.) THE gist of the case of the prosecution, excepting the unnecessary details, can be stated thus:-i. A-1 to A-7 and P. Ws. 1 to 4 belong to Valavanur village. Six months prior to the date of occurrence, the house of the brother of A-1 was mortgaged with the wife of P. W. 4 for a sum of Rs. 40,000/ -. On 10. 8. 1995, i. e, on the date of occurrence, the said house was shown to a prospective tenant. At that time, the wife of A-1 told the deceased that the drainage water should not be allowed to pass through their house. In answer to the same, the deceased replied that he would continue to do so. Hence, a quarrel arose between the wife of A-1 and the deceased. At about 11. 00 p. m. , A-1 to A-4 armed with weapons, came there and attacked the deceased. A-2 attacked the deceased with an iron pipe, while A-3 and A-4 attacked him with sticks. A-2 attacked P. W. 1 with iron pipe, while A-1 and A-5 attacked him with sticks. A-6 and A-7 assaulted P. Ws. 2 and 4. When the crowd gathered, A-1 to A-7 fled away from the place of occurrence with the weapons of crime. P. W. 7 took the deceased and P. Ws. 1 to 4, who sustained injuries, to Government Hospital, Villupuram. ii. At about 11. 45 p. m. , P. W. 10, the doctor, who was on duty at that time, examined the deceased, noted the injuries and has issued the copy of the accident register under Ex. P-11. Thereafter, he examined P. W. 1 and has given the copy of the accident register under Ex. P-12. At 00. 45 hours on 11. 8. 1995, the doctor examined P. W. 4 and issued Ex. P-13, the copy of the accident register. At about 00. 50 hours, he examined P. W. 2 and issued Ex. P-14, the copy of the accident register. At 1. 00 a. m. , the doctor examined A-1 and A-2 in respect of the injuries found on their person and issued Exs. D-1 and D-2, the copies of the accident registers. iii. P. W. 11, the Head Constable attached to Valavanur Police Station, on getting information at about 2. 00 a. m. on 11. 8. 1995 from Villupuram West Police Station, proceeded to the Government Hospital, where he was informed that the deceased and the witnesses were taken to Gipmer Hospital, Pondicherry. Then, he proceeded over there. At 9. 30 a. m. , P. W. 11 obtained the statement of P. W. 1 under Ex. P-1, on the strength of which, a case in Crime No. 527 of 1995 came to be registered under Sections 147, 148, 326, 323 and 506 (2) IPC. Ex. P-15, the printed first information report was despatched to the Court. P. W. 11 examined P. Ws. 1 and 2. P. W. 11, thereafter, proceeded to the scene of occurrence at about 5. 30 p. m. on the very day and made an observation in the presence of two witnesses and prepared the observation mahazar under Ex. P-3 and drew a rough sketch under Ex. P-16. On 11. 8. 1995 at 6. 00 a. m. , A-7 was arrested. Further investigation was taken up by P. W. 12, the Sub Inspector of Police. iv. On 13. 8. 1995, P. W. 12 arrested A-1 and A-2. A-2 volunteered to give a confessional statement recorded by the investigating officer and the admissible portion is marked as Ex. P-4, pursuant to which, M. Os. 1 and 2, the iron pipe and stick respectively, were recovered under Ex. P-5 mahazar. Further investigation in the case was taken up by P. W. 13, Inspector of Police, Valavanur Police Station. v. P. W. 13, on coming to know about the death of the deceased, altered the crime to one under Section 302 IPC. He proceeded to the mortuary and conducted inquest over the dead body and in the presence of Panchayatdars and witnesses, the inquest report under Ex. P-18 came to be prepared. He also sent a requisition, Ex. P-3, to the doctor for conducting autopsy. vi. P. W. 9, Assistant Professor of Forensic Medicine, Madras Medical College, Madras, conducted autopsy on the body of Subramanian and found the following injuries:-