SAKTHIVEL ALIAS SAKTHI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE appellants, two in number, have brought forth this appeal challenging the judgment of the learned I Additional Sessions Judge cum Chief Judicial Magistrate, Erode made in SC.No.34/2000, finding the appellants guilty under section 302 IPC and awarding life sentence. 2.THE short facts that are necessary for the disposal of this appeal can be stated thus: (a) P.Ws.2 and 3 are the father and mother of the deceased, Rajendran, respectively. P.W.5 is the wife and P.W.8 is the concubine of the deceased. P.W.6 is the elder brother of the deceased, who was also living with them during the relevant time. THE deceased married P.W.5 against the wish of her parents and thus there was a quarrel. Apart from that, he was also keeping P.W.8. Thus, there was a quarrel between the accused and the deceased in that regard also. He was advised by P.Ws. 2,3,5 and 6, but he did not change himself. On the date of occurrence, namely 16.9.1999, at about 9.00 p.m., the deceased along with his elder brother, P.W.6 informed his parents that he was going over to the house of his father-in-law in order to take P.W.5 back. Accordingly, both of them, went over there. He made a request to the parents of P.W.5 that he might be permitted to take her back. THEre arose a quarrel. In the quarrel, that took place in front of the Tea Stall of P.W.4, A1 assaulted the deceased with M.O.3 and caused injury. THE deceased attempted to escape by running. He was chased by the accused, and they caught hold of him and strangulated him with a nylon rope, M.O.4, in front of Prabukumar Cinema THEatre and the occurrence was witnessed by P.Ws.4, 6, 10 and 11. P.W.6, due to fear ran away from the scene of occurrence, came to his residence, informed to his parents, met P.W.1, the Village Administrative Officer on 17.9.1999 at 7.00 a.m. and narrated the entire incident and the same was recorded by P.W.1. THE statement of P.W.6 is marked as Ex.P9. THE Village Administrative Officer, prepared a report, Ex.P2, and produced both Exs.P2 and P9 before the respondent police. P.W.14, the Head Constable, who was on duty at Bangalapudur Police Station, received both, on the strength of which, he registered a case in Crime No.520/99 for the offence under section 302 of IPC. THE printed First Information Report, Ex.P10 was despatched to the Court along with Exs.P2 and P9. (b) P.W.16, the Inspector of Police, who was in-charge of the said Police Station, on receipt of the copy of the First Information Report, took up investigation, proceeded to the scene of occurrence, made an inspection in the presence of two witnesses and prepared an observation mahazar, Ex.P4 and a rough sketch, Ex.P13. He recovered M.O.1, bloodstained earth, and M.O.2, sample earth under a cover of mahazar Ex.P5. He conducted inquest on the dead body of Rajendran at the scene of occurrence in the presence of witnesses and panchayathars and prepared Ex.P14, the inquest report. Following the same, the dead body of the deceased Rajendran, was sent to the Government Hospital, Gobichettipalayam, for the purpose of autopsy through P.W.13, a Police Constable, along with a requisition Ex.P11. (c) On receipt of the requisition, P.W.15, the Assistant Doctor, attached to the Government Hospital, Gobichettipalayam, conducted autopsy on the dead body of Rajendran and found the following injuries: - 1. Two lacerated wound just above the left eyebrow (a) 1 cm x " cm x bone depth (b) 1 cm x " cm x bone depth.

(2.) LATERAL to wound (a) left eye lids swollen and dark coloured. Conjunction contused.

(3.) ABRASION 1 cm x " cm right thigh.