STATE Vs. VARGHESE ALIAS VARGHESE ANTHONY

JUDGEMENT

(1.) AGGRIEVED by the judgment of the Court of Principal sessions, Chengalpattu , in Sessions Case No. 196 of 1996, wherein A1 the respondent herein, who stood charged for the offences under Sections 341 and 302 read with 34 I. P. C. , along with A2, was acquitted, the State has brought forth this appeal. So far as the other accused namely A2, is concerned, the Sessions Case was abated, since he died, pending the proceedings.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:-P. W. 1 is the wife of the deceased Narayana Nadar. P. W. 5 and P. W. 11 are the daughter and son of the deceased respectively. At the time of occurrence, P. W. 5 was doing her 10th standard in a School. A1 and the deceased accused used to tease P. W. 5 while she was going to school and returning from school. Hence, the deceased reported the same to P. W. 6, the President of Nadar Association in that area. Apart from that, A1 went to the extent of asking the deceased to give her daughter in marriage. On the date of occurrence, namely 19. 1. 1995, between 8. 00 a. m. and 9. 00 a. m. , both the accused came to a petty shop run by P. W. 1, which was attached to her house, and asked for a cigarette. P. W. 1 told them that there was no cigarette. Since, it was not available, the accused scolded P. W. 1 with filthy language and left the place. At 7. 00 p. m. , both the accused again came to the petty shop and asked P. W. 1 for a cigarette. When she told that it was not available, they damaged a biscuit bottle which was kept in the shop. Since the accused were often giving troubles, the deceased Narayana Nadar decided to report it to Nadar Association. While Narayana Nadar and his wife were proceeding in a bicycle to meet P. W. 6, the President of Nadar Association, they were waylaid by the accused. Both the accused attacked Narayana Nadar with the casuarina sticks. THE same was witnessed by p. Ws. 1, 3, 11 and others. After attacking Narayana Nadar , both the accused left the place immediately. P. W. 1,2 and 11 took the deceased to the Government Hospital, Chrompet , in a lorry. P. W. 12, the Doctor, who was on duty at that time, examined Narayana Nadar and declared him dead at 10. 00 p. m. P. W. 13, the Sub-Inspector of Police, who was in-charge of Tambaram Police Station, registereda case in crime No. 143/95 on the strength of the report, Ex. P1 given by P. W. 1. THE printed First Information Report, Ex. P. 14, was despatched to Court.

(3.) BOTH the accused surrendered before the XIII metropolitan Magistrate, Egmore , Chennai, and the same came to the knowledge of the Investigating Officer. After filing a petition to take the accused into police custody, on the orders of the Court, the accused were taken into police custody. The confessional statements of the accused were recorded and the accused were produced before the Court for remand. All the material objects which were recovered from the place of occurrence and from the dead body, were subjected to chemical analysis, as a result of which Exs. P. 10 and P. 12, the chemical analyst's report and Ex. P11, the serologist's report were received by the Court. On completion of investigation, the final report was filed. The case was committed to the Court of Sessions and necessary charges were framed. Pending trial, the second accused died.