PONNAN Vs. STATE

JUDGEMENT

(1.) THE appellant, sole accused in S.C.No.102 of 2000, on the file of the Principal Sessions Judge, Pudukottai was convicted for offence under Sections 302 IPC to undergo imprisonment for life and for offence under Section 326 IPC (3 counts) to undergo rigorous imprisonment for four years on each count, for the offence under section 324 IPC (2 counts) to undergo rigorous imprisonment for one year on each count, all the sentences to run concurrently.

(2.) THE brief facts of the prosecution case is as follows: - (a) PW.1, Rangan is the father of the accused Ponnan. Because, P.W.1, the father of the accused failed to arrange his marriage with the daughter of one Ammasi of Saralapatti Village, the accused was in a fit of anger. On 26.4.1999 at 6.45 a.m., he caused grievous injuries to his father by using M.O.3 Aruval. THEreafter he proceeded to a cotton field belonging to Andi Gounder @ Krishnan, where he cut on the right side ear and head of one Chittammal at 7. 30 a.m., with his aruval. THEreafter he attacked P.W.3, Meena at 7. 45 a.m., when she was standing near the water tap at Pasumettupatti. THEreafter he attacked P.W.4 Rathinam by the said aruval near the water tank. THEreafter he attacked a school boy, P.W.6 by name Thangaraj, on his left hand, on the mud road near the Virudhapatti Village by the said Aruval and thereafter he also assaulted on the right hand of P.W.5, Andi Gounder @ Krishnan, in the same transaction and caused grievous injuries to him. P.W.1, Mukkan who is the President of Viruthapatti Panchayat lodged Ex.P.1 complaint at Viralimalai Police Station on 26.4.1999 at 10.00 a.m., Natesan (since deceased), Inspectorof Police, Viralimalai Police Station registered the case in Cr.No.251 of 1999 under sections 302 and 324 IPC and the printed FIR is Ex.P.18. (b) P.W.13, Kannadasan, Inspector of Police visited the place of occurrence on 26.4.1999 at 10.30 a.m., and prepared observation mahazar Ex.P.8 in the presence of witnesses P.W.9, Chinnappa and one Alagarswamy.He also prepared a rough plan Ex.P.19. He collected the blood stained earth in M.O.1 and ordinary earth in M.O.2 under a cover of mahazar Ex.P.9. He conducted an inquest over the body of the deceased Chittammal and prepared an inquest report in Ex.P.20. He examined the witnesses P.W.1 Mookkan, P.W.2 Rangan, P.W.3 Meena, P.W.4 Rathinam, P.W.5 Andigounder @ Krishnan and recorded their statements. He also prepared another rough plans in Exs.P.21 and 22. He also prepared observation mahazars in Exs.P.10 and 11. (c). P.W.7, Dr.Karunanithi, Government Hospital, Manapparai, received requisition letter from the Inspector of Police, Viralimalai on 26.4.1999 and conducted an autopsy over the deceased body of Chittammal on 26.4.1999 at 3.00 p.m., THE rigor mortis present in all four limbs. He found the following external injuries: - "Injuries: 1.6" cut wound oblique in direction cutting the right side pinna at the middle ear depth up to the peritotemporal occipital skin of the bone cutting mastoid process bone exposing the brain matter -severe bleeding right side skull. 2. 2" inches oblique cut injury present in the right side angle of the mandively.

(3.) UNDER Section 105 of the Indian Evidence Act "when a person is accused of any offence, the burden of proving the existence of circumstances bringing the cause within any of the General exceptions in the Indian Penal Code or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence is upon, and the court shall presume the absence of such circumstances."