SANKARA THEVAR Vs. STATE

JUDGEMENT

(1.) THE appellant was the sole accused in S.C.No.362 of 1999 on the file of the Principal Sessions Judge, Tirunelveli. He was convicted for offences under Section 302 IPC, and sentenced to undergo imprisonment for life, and to pay a fine of Rs.500, in default to undergo rigorous imprisonment for three months, and also convicted for the offence under Section 324 IPC, and sentenced to undergo rigorous imprisonment for Six months, both the sentences to run concurrently.

(2.) THE brief facts of the prosecution case are as follows: THE deceased is one of the son-in-law's of the accused. P.W.1 is younger brother of the deceased.P.W.2 is the wife of the deceased. P.W.3 is mother of P.W.2 and wife of the accused. THEy were all residents of Pothaisuthi village near Kalakkad in Tirunelveli District. THE accused borrowed a sum of Rs.10,000/= from one Mani, widow and for payment of interest he allowed the said Mani to cultivate the land. THE deceased and P.W.3 along with some hirelings threatened the said Mani to pay them Rs.10,000/= for cultivating the land which culminated in lodging of a complaint Ex.P.1 by the said Mani before the Kalakkad Police Station. On 8.2.1999, the Inspector of Police called the complainant Mani, the deceased, P.W.1 and P.W.4 and another Durai, a hireling of the deceased and compromised the matter, by which the accused should pay Rs.13,700/= to the said Mani within one month and on such payment the said Mani should hand over possession of the land to the accused. A Muchalika was also signed by the accused, his wife P.W.3, the deceased and P.W.1, which is part of Ex.P.1. Two days later, i.e., on 10.2.1999, when the deceased was standing in front of his house the accused attempted to beat him with iron pipe, P.W.1 intervened and sustained injury on his left wrist. THE deceased took to his heel, but the accused chased him and hit him repeatedly with the iron pipe, which caused the instantaneous death. This occurrence took place at about 4.00 pm., Immediately, P.W.1 went to Kalakkad Police Station and lodged the complaint at 7.00 pm., THE same was recorded by P.W.7, Grade I Police Constable who registered a case in Crime NO.54 of 1999 under Section 302 IPC. P.W.12 Inspector of Police took up the investigation and he went to the place of occurrence at 9.00 pm., and in the presence of Muruganand one Kannupandi he prepared Ex.P.3 observation mahazar. THEreafter he also prepared rough sketch Ex.P.18. On the same day between 10.00 pm., and 12.00 pm., he conducted inquest on the body of the deceased in the presence of Panchayatdars and some witnesses. THE inquest report prepared by him is Ex.P.19. THEreafter he sent Ex.P.8 requisition to P.11, Medical Officer, Government Hospital, Kalakkad, to conduct autopsy on the body of the deceased at 11.00 a.m., THE Doctor found the following injuries: - "External injuries: - 1) A lacerated wound on he Head extending from above the right eye on the forehead to the right and top of Head above the right ear. THE wound runs from posterior to anterior. THE edge was crushed. Depth is more on the posterior side. Size 10 cms x 3 cms x 4 cms. Scalp tissue injured. Commuted irregular fracture of the right parietal bone 4 cms x 2 cms x 2 cms. Bone pieces are loosely present blood clots present. THE underlying brain compressed and damaged. 2) A lacerated wound on the top and front side of head running posterior to anterior. Depth more on the posterior side. Tissue irregular cut and crushed 5 cms x 3 cms x 3 cms. Frontal bone linear fracture 3 cms x 1 cm. Blood clots present. THE underlying brain compressed and damaged. 3) A lacerated wound on the right cheek near the eye 4 cms x 2 cms x 2 cms underlying bone maxilla fractured. Blood clots present. 4) A lacerated wound on the middle of forehead 2 cms x 1 cm x 1 cm blood clots present. 5) A lacerated wound right cheek 3 cms below the wound No.3 2 cms x 1 cm x 2 cms. Wound enters into the mouth. THE right upper 2 premolar and 1st molar teeth broken All the wounds are antemortem. Internal Examination: Abdomen: Viscera in situ. No internal injury. Stomach contains partly digested food. Liver pale. Kidney pale. Spleen pale, Large intestine foecal matter. Bladder empty. Thorax: Viscera in situ No internal injury. Heart empty. Lungs pale. Head: injuries already described Brain pale."

(3.) MR.Mohideen Basha, learned counsel appearing for the appellant would contend that there is a delay in the FIR reaching the court since the learned Judicial Magistrate has not noted the time of receipt of the FIR and the FIR contained all the details of the nature of injuries, it would show that the FIR should have been prepared only after seeing the body and noting the injuries. The further contention of the learned counsel is that P.W.1 is a chance witness and his evidence is highly suspicious and should not be acted upon and also that Ex.P.1 and P.20 have been prepared for the purpose of the case.