AIYYANAR Vs. STATE

JUDGEMENT

(1.) THE appellants, three in number, have brought forth this appeal aggrieved over the judgment of the learned Principal Sessions Judge, Cuddalore in SC. No. 185 of 1998, where they stood charged and tried for the following offences and they were found guilty and awarded punishment as stated below.

(2.) THE case of the prosecution as put forth before the trial court can be stated thus:- (a) P. Ws. 1, 5 to 9 belonged to Melirrupu Village, while the appellants/accused 1 to 3 belonged to Semmedu village, which is one kilometer away and on the north of Melirrupu Village. On 21. 3. 1994, at about 3. 00 p. m. at Panruti Bus Stand, P. W. 5 had a quarrel with the first accused in sharing a seat in a bus parked in the bus stand. Aggrieved over the same, the first appellant brought four auto drivers and assaulted P. W. 5. P. W. 5, on coming back to the village, informed to the villagers and they wanted to question the first accused in that regard. P. Ws. 1,5 to 9 and others went to Semmedu Village at about 10. 00 p. m. where they found accused 1 to 3 sitting outside the house of the first accused and chatting with each other. They questioned about the conduct of the first accused on that evening at Panruti bus stand. Immediately, the first accused assaulted the deceased Vellakannu with M. O. 1, knife on his left side of the head and the second accused assaulted the deceased with M. O. 2 on his lower jaw, and the first accused attacked P. W. 7 with M. O. 3, stick. At that time the witnesses also retaliated. The second accused cut P. W. 6 and one Sekar with knife M. O. 2, and the third accused attacked P. W. 8, one Chelladurai and one Tamilselvan with M. O. 3, stick. The accused left the place of occurrence with the weapons. (b) Injured were taken to the Panruti Hospital. P. W. 2, an Assistant Surgeon attached to the Government Hospital, Panruti examined P. W. 5 at 1. 35 a. m on 22. 3. 1994 and issued Ex. P2 wound certificate narrating the injuries and he examined P. W. 6 at about 1. 45 a. m. , P. W. 1 at 1. 50 a. m. and P. W. 7 at 1. 50 a. m. and issued wound certificates Exs. P3, P4 and P5 respectively where the injuries sustained by them are narrated. On 21/22. 3. 1994 at about 00. 10 hours, P. W. 2 examined the first accused and gave treatment for the injuries and issued wound certificate Ex. P6. He also examined accused 2 and 3 at the same time and issued wound certificates Exs. P7 and P8 respectively. P. W. 3, an Assistant Surgeon, Government Hospital, Panruti examined P. W. 9 at 8. 25 a. m. , on 22. 3. 1994 and issued wound certificate Ex. P9. P. W. 4, Radiologist attached to Government District Headquarters Hospital, Cuddalore, took X-ray for P. W. 1 and issued M. O. 5, X-ray report. (c) P. W. 14, Sub Inspector of Police, Kadampuliyur on receipt of information, proceeded to the hospital at 3. 00 am and recorded the statement Ex. P1 from P. W. 1. On the strength of Ex. P1, he registered a case in Crime No. 152/94 under sections 302, 324 and 323 IPC and printed express First Information Report Ex. P19 was sent to the Court. On 24. 3. 1994 he took up investigation. He examined A1 and recorded his statement under Ex. P20 and on the strength of the same he registered a case in Crime No. 154/94 and printed First Information Report is Ex. P21. Investigating Officer referred the case in Crime No. 154/94 as one of mistake of fact on the very day. (d) P. W. 15 the Inspector of police, took up investigation in Crime No. 152/94. He proceeded to the place of occurrence on 22. 3. 1994 at about 7 a. m. In the presence of two witnesses he made an inspection and prepared Ex. P12, an observation mahazar and Ex. P13, a rough sketch. He conducted inquest on the body of the deceased in the presence of panchayatdars and witnesses between 8. 30 a. m. to 11. 30 a. m. and prepared Ex. P22, inquest report. He recovered M. O. 6, bloodstained earth and M. O. 7, sample earth under a mahazar, Ex. P14. A requisition Ex. P17 was sent to the Government Hospital, Panruti along with the dead body of the deceased Vellakannu for conduct of autopsy. (e) P. W. 13, an Assistant Surgeon, attached to the Government Hospital, Panruti, on receipt of the requisition, conducted autopsy on the dead body and found the following injuries:-1]. An incised wound over the left side of the head, situated obliquely, extending from left eyebrow to the left parietal region about 10 cms in length, margins regular, gaping in the middle, depth upto the brain and the wound margins are tapering towards the parietal region. 2]. An incised wound over chin, obliquely situated 5 cms in length, margins regular, gaping in the middle exposing the tooth. 3]. An incised wound obliquely situated below the chin 3 cms in length, margins regular, depth ? cm, breadth about ? cm. 4]. Abrasion over right leg size 2x1 cms. 5]. Lacerated injury of 4 cm x ? cm over the back of right shoulder. 6]. Abrasion 3 x ? cm over back of right side chest. The Doctor has issued a postmortem certificate Ex. P18 and has opined that the deceased would appear to have died of shock and haemorrhage and brain injury and death would appear to have occurred 16 to 20 hours prior to post mortem. (f) During the course of investigation, the Investigating Officer arrested the first accused on 24. 3. 1994. The first accused gave a confessional statement and admissible portion is marked as Ex. P10. Following the same, he produced M. Os. 1 to 3 which were recovered under a mahazar Ex. P11. All the material objects were despatched to the Court with a requisition to send them for chemical analysis. Accordingly, they were subjected to chemical analysis, and Ex. P27 and Ex. P28, serologist's reports were received by the Court. On completion of investigation, the final report has been filed by the Investigating Officer in the said crime number.

(3.) THE case was committed to Court of Sessions. Necessary charges were framed against the appellants/ accused.