STATE Vs. PONNUSAMY

JUDGEMENT

(1.) THE appellant is the State. The respondent was tried before the learned Additional Sessions Judge, Erode, on the allegation that at 2. 30 p. m. on 7. 1. 1992, he caused the death of Sivaraj, who hereinafter will be referred to as "d-1" and Kanniammal, who hereinafter will be referred to as "d-2", by cutting them with axe and that he also committed theft of the nose screws belonging to Kanniammal, D-2. Three charges were framed and two of which were under Section 302 IPC. for causing the death of D-1 and D-2 and the other is under Section 404 IPC. for removing the nose screws. The respondent was acquitted of all the charges, which is being challenged in this appeal.

(2.) THE facts necessary to dispose of the appeal are as follows:-P. W. 1 is the father of D-1 and D-2 is the wife of P. W. 2 and she is the sister-in-law of P. W. 1. At about 9. 00 a. m. , D-1 left the house taking along with him the goats for grazing and he was accompanied by D-2. At about 6. 00 p. m. , P. W. 1 was invited by three of his friends and while they were going to Bannari Temple, they saw the dead bodies of D-1 and D-2 with cut injuries. In the meantime, 10 or 20 villagers have also gathered. A woman by name, Pappa, informed them that on the previous day, one Mohan, a Forest Guard, misbehaved with her and he could have committed the offence. Therefore, P. W. 1 and others went to the house of Mohan and found Mohan with injuries on his face. Watcher, Subban, was also there. When the villagers questioned them, both of them informed that the villgers can do anything they want. Therefore, P. W. 1 accompanied by P. W. 2 went to the Office of the Village Administrative Officer, P. W. 14, and gave a complaint, which was recorded by P. W. 14 and the same stands marked as Ex. P-23. P. W. 14 took the complaint, Ex. P-23, to Sathiyamangalam Police Station and handed over the same to P. W. 17, the Sub Inspector of Police, who registered a case in Crime No. 3 of 1992 against unknown accused. The printed first information report is Ex. P-30 and investigation in the case was taken up by P. W. 18, Circle Inspector of Police, Sathiyamangalam Police Station.

(3.) P. W. 18, on taking up investigation in the crime, proceeded to Sathiyamangalam Police Station, and reached it at 2. 15 a. m. on 8. 1. 1992, where he was given a copy of the first information report. He proceeded to the scene of occurrence accompanied by P. W. 17 and P. W. 14, the Village Administrative Officer as well as the other Police Constables. He also sent a requisition to the Sniffer Dog Squad to go over to the scene of occurrence. P. W. 18, at 6. 00 a. m. , prepared an observation mahazar, Ex. P-25, where the dead body of D-2 was lying. At 6. 30 a. m. , he prepared an observation mahazar, Ex. P-26, where the dead body of D-1 was lying. He drew a rough sketch, Ex. P-31. P. W. 10, the photographer, took photographs of the dead bodies. The inquest over the dead body of D-2 was conducted between 7. 00 a. m. and 9. 30 a. m. and the inquest report is Ex. P-32. On the dead body of D-1, inquest was conducted between 9. 30 a. m. and 11. 00 a. m. and the inquest report is Ex. P-33. P. Ws. 1, 2 and others were questioned during inquest and their statements were recorded. After the inquest, the bodies were handed over with two requisitions, Exs. P-15 and P-16, for conducting autopsy.