KALAIMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A1 to A5 are the appellants herein. They were convicted for the offence under Section 302 read with Sec. 149 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,500/- or to undergo simple imprisonment for one year. Challenging the same, this appeal has been filed.

(2.) THE short facts leading to the conviction are as follows: (a) THE deceased Thoppaiah, P. W. 1 Ganesan and P. W. 2 murugan are the accused in a murder case in which, the father of A1 to A3 was murdered. This Thoppaiah and two others were granted bail with the condition that they should reside at Chennai and report to the Saidapet Police Station every day. THErefore, on the date of occurrence, namely, 10. 12. 1996, Thoppaiah, the deceased along with P. W. 1, P. W. 2 and others was crossing the road from the bus stop opposite to Saidapet Police Station to go to the police station. At that point of time, all the accused persons (A1 to A5) suddenly appeared at the scene and began to attack the deceased. P. Ws 1 and 2 saw the occurrence. P. W. 3 munusamy, a Constable attached to the Saidapet police station, who was regulating the traffic at that time, in the middle of the road also, happened to see the occurrence. When the Constables and other people tried to apprehend the accused, they ran away from the scene carrying the weapons in their hands. (b) P. W. 10, Head Constable attached to the said police station came out of the police station and saw the deceased lying down with blood injuries. Immediately, he took the deceased Thoppaiah to the Royapettah Government Hospital in a police jeep accompanied by P. W. 1. P. W. 12, the Doctor who examined thoppaiah declared that Thoppaiah has already dead. This was immediately informed to P. W. 11 Sub-Inspector of Police, J1 Saidapet Police Station. (c) P. W. 11 Sub-Inspector of Police came to the hospital, and obtained statement from P. W. 1. THE complaint is Ex. P-12. THE F. I. R. is ex. P-13. A case was registered in Crime No. 2296 of 1996 against all the five accused. (d) P. W. 14 Inspector of Police on receipt of the message took up investigation, came to the scene and prepared observation Mahazaar ex. P-1 and drew rough sketch Ex. P-16. THE material objects like blood stained samples of earth were recovered. THEreafter, the body was handed over to P. W. 13 doctor for post-mortem. (e) P. W. 13 Dr. Ravindran attached to the Royapettah Government Hospital conducted post-mortem on 11. 12. 1996. He found 15 injuries all over the body. He issued Ex. P-15 post-mortem certificate. According to him, the deceased died after shock and haemorrhage due to multiple injuries. (f) P. W. 14 Inspector of Police came to know that A1 to A4 surrendered before the Judicial Magistrate No. 1, Tuticorin on 27. 12. 1996. He applied for police custody. Accordingly, the custody was granted. In pursuance of the confession, M. O. 1 series were recovered from the accused. THEn the material objects were sent for chemical analysis. (g) P. W. 14 Inspector of Police continued the investigation. After completion of the same, he filed the charge sheet against all the accused. (h) A5 was subsequently arrested. A common trial was conducted against all the accused. (i) During the course of trial, on behalf of the prosecution, P. Ws. 1 to 14 were examined, Exs. P-1 to P-16 were filed and M. Os. 1 to 7 were marked. (j) When the accused were questioned under Section 313 cr. PC, they denied their complicity in the crime. However, no evidence was adduced on their side in support of the plea made by them. (h) THE trial Court, after having analysed the materials available on record, concluded that the prosecution has established its case beyond reasonable doubt and found the accused guilty of the offence under section 302 IPC read with Section 149 IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs. 2,500/- This is the subject matter of appeal filed before this Court.

(3.) IN order to take revenge upon the deceased and other people for the murder of their father committed by them, all the accused persons were waiting near the police station on 10. 12. 1996. The deceased and others got down form the bus and from the bus stop they were proceeding towards the police station in order to report to the police station. When they were crossing the road, all the accused suddenly appeared at the scene and surrounded the deceased, gave indiscriminate cuts all over the body. This was witnessed by both P. W. 1 and P. W. 2 and the Constables standing near the police station. On noticing the ghastly sight, the Constable and others came running towards the accused in order to apprehend them. However, they escaped from the scene place. Since the deceased was gasping for life, P. W. 10 Head Constable attached to the police station took him to the Royapettah Government Hospital , where P. W. 13 doctor declared him dead. Only thereafter, P. W. 11 Sub-INspector of Police obtained a statement from P. W. 1. Then, P. W. 14 INspector of Police took up investigation and observed all the formalities. On 27. 12. 1996, A1 to A4 surrendered before the Court of Judicial Magistrate, Tuticorin. On police custody, their confessions were recorded and M. O. 1 series knives were recovered.