RAHMANKHAN ALIAS ABDUL RAHMAN Vs. STATE

JUDGEMENT

(1.) ACCUSED Nos. 1 and 2 have filed Crl. Appeal No:1079 of 2001 and ACCUSED No. 3 has preferred Crl. Appeal No:838 of 2000, challenging the conviction imposed upon A. 1 under Section 302 IPC and against A. 2 and A. 3 under section 302 read with Section 34 IPC, and sentence imposed upon the accused to undergo life imprisonment and to pay a fine of Rs. 1000/= each, in default to undergo three months rigorous imprisonment.

(2.) THE facts leading to the conviction are as follows:- (a) THE deceased Chandru is the son-in-law of P. W. 1, govindammal. A. 1 and A. 2 are brothers and A. 3 is a petty shop owner. All are residing in the same area. (b) On 31. 3. 1998, the deceased went to the petty shop belonging to A. 3 and purchased beedies. When A. 3 demanded money for the beedies purchased, the deceased refused to pay the same and went away. On noticing the attitude of the deceased, A. 3 Rahmankhan went and complained to A. 1 and A. 2 viz. , Periya Chakku and Chinna Chakku, who were residing nearby. (c) THEn at about 5. 00 pm. , all of them came to the deceased who was sitting near a temple and questioned him. THEre was a wordy quarrel. Suddenly, A. 1 took out a knife from his dhoti and while A. 2 and A. 3 caught hold of both the hands of the deceased, A. 1 with M. O. 1, knife, stabbed on the chest and other vital parts of the body indiscriminately. THE deceased fell down. P. W. 1, mother-in-law who witnessed the ghastly sight came running near the deceased and poured water into his mouth. But, within a few minutes, the deceased died. (d) At 6. 00 pm. , P. W. 1 went to the Police Station and gave Ex. P. 1, Complaint to P. W. 9, Sub Inspector of Police. A case was registered in Crime No:608 of 1998 against all the three accused. (e) P. W. 10, the Inspector of Police, on receipt of message, took up investigation. He went to the spot and prepared a rough sketch, Ex. P. 15 and observation mahazar, Ex. P. 5. He recovered a bloodstained yellow colour half hand shirt (M. O. 2), Bloodstained cement piece (M. O. 3) and ordinary cement piece (M. O. 4 ). At about 7. 00 pm. , P. W. 10 conducted inquest and examined the witnesses, viz. , P. Ws 1 and 2 and others and prepared Ex. P. 16, inquest report. THEreafter with a requisition, Ex. P. 2, the body was sent for postmortem. (f) P. W. 7, the Doctor, who received the requisition, conducted postmortem on 1. 4. 1998 at about 10. 30 a. m. , and found six injuries and after completion of the autopsy, he issued Ex. P. 3, Postmortem Certificate. (g) On 4. 4. 1998, P. W. 10, Inspector of Police, arrested a. 3 and on the basis of the confession, he recovered M. O. 1. (h) P. W. 11, successor in office took up further investigation on 17. 4. 1998. He came to know that A. 1 surrendered on 17. 4. 1998 and A. 2 surrendered on 11. 8. 1998. P. W. 11 gave a requisition to the court to send the material objects for chemical examination. (i) After completion of the investigation final report was filed against the accused. (j) During the course of trial, P. Ws 1 to 11 were examined, Exs. P. 1 to P. 16 were marked and M. Os. 1 to 6 were marked. (k) THE plea of the accused while questioning under Section 313 Cr. P. C. , was one of total denial. On behalf of the accused, Exs. D. 1 to D. 5 were marked. THE Trial court, after analysing the materials available on record and particularly, the evidence of P. Ws 1 to 3, found A-1 guilty of offence under Section 302 IPC and found A. 2 and A. 3 guilty of offence under Section 302 read with Section 34 IPC. This finding is the subject matter of challenge in these appeals before this court.

(3.) ACCORDING to the Prosecution on 31. 3. 1998, the deceased went to the petty shop of A. 3 and purchased beedies. However, when A. 3 demanded money, the deceased refused to pay. On complaining about this incident by A. 3, A. 1 and A. 2 accompanied A. 3, went to the place where the deceased was sitting and questioned him about his conduct. There was a wordy quarrel between them. Both parties used abusive words against each other. Then, suddenly A. 1 took out a knife from his waist and stabbed on the chest, neck and other parts of the body of the deceased. At that time A. 2 and A. 3 caught hold of the deceased. Then, the deceased on receipt of injures fell down and died on the spot.