CHINNAN ALIAS CHINNASWAMI Vs. STATE

JUDGEMENT

(1.) This is an appeal against conviction and sentence imposed on the appellants by the Principal Sessions Judge, Coimbatore, in S.C.No. 111 of 1985 on 28-11-1986. Learned Sessions Judge found the first appellant guilty of murder under Section 302 I.P.C. and sentenced him in imprisonment for life. He also found the second accused guilty of offence under Section 323 I.P.C. and sentenced him to pay a fine of Rs. 500/- and in default to undergo Rigorous Imprisonment for a period of one month.

(2.) The facts leading to the above Sessions Case are as follows :- Both the accused as well as the deceased are living in the village of Samanapudur and they are agriculturists mostly attending to cooly work. Witnesses P.Ws. 1 to 3 are related to the deceased. The deceased was cultivating the lands belonging to one Muthugounder. The house of the accused is very close to the house of the deceasedsituate on the south-western side. Second accused is the elder brother of the first accused. The wife of the accused by name Kannammal was suspected to be carrying on an illicit relationship with the deceased. About 15 days prior to the occurrence which event took place on 5-5-1986, the deceased and the first accused were engaged in a wordy quarrel over the said issue of illicit relationship between the deceased and the wife of the first accused. On the morning of 5-5-1986, the deceased had met the wife of the first accused at about 8.00 a.m. and thereafter the demand, (Sic) proceeded to Toddy shop at Narasapuram. The first accused was in the Toddy shop and had picked up a quarrel with the deceased. P.W.4 was working in the Toddy shop. The first accused is said to have picked up a quarrel with the deceased and at the instance of P.W.4 they were pacified. The deceased came back to his house and told his daughter, P.W. 1 that he had a quarrel with the first accused at the toddy shop. Soon, thereafter, the first accused came to the house of the deceased with a curved knife called 'Sallai kathi'. M.O.1 and shouted at the deceased, saying "You are continuing to communicate with my wife and when questioned you became wild with anger. I will do away with you.'' So Saying the first accused hit the head of the deceased with the weapon, M.O.1. The second accused came with a stick, M.O.2 and struck at the left shoulder of the deceased. The deceased took a stick M.O.3 from pandal and struck at the first accused. P.W.1 is also said to have taken a stick from the Pandal and struck at the second accused. The first accused thereupon pecked the cheek of the deceased with M.O.1. He again struck on the left neck of the deceased. Thereupon, the deceased fell down with injuries. Both the accused ran away. P.W. l shouted and on hearing her shouts, P.Ws. 2, 3 and others came to the spot. They laid the deceased on a mat M.O.5. Before they could bring a cart to take the deceased to the hospital, the deceased passed away. P.W.1 and her grandfather P.W.2 proceeded to Maniyakarar of Narasapuram, but he was not available. They proceeded to Alandurai Police Station and told the Sub-Inspector as to what happened. He recorded a statement from P.W.1 and after reading over the same to P.W. l, took her thumb impression. It is Ex.P.1, P.W.9 was the Sub-Inspector of Police at Alandurai Police Station. He was in attendance at about 4.30 a.m. on 5-5-1986 when P.Ws.1 and 2 came to the Police Station and P.W. 1 narrated as to what happened. He recorded the statement Ex. P.1 and registered the same as Crime No. 54/86 under Section 302 I.P.C. He sent express F.I. Rs. to the Second Class Magistrate No. II, Coimbatore and to the higher officials. P.W.11 the Sub-Inspector of Police, in charge of Podanur Circle. He received information at 5.30 p.m. and took up investigation. He proceeded to the spot and prepared the observation Mahazar, Ex. P. 12 and a rough sketch, Ex. P. 13. He recovered blood-stained sticks M.Os. 3.and 4 and mat, M.O.5, blood-stained earth, M.O. 8 and sample earth, M.O.9. All those material objects were recovered under Ex. P.14 Mahazar. He conducted the inquest between 6.00 p.m. and 11 p.m. and examined P.Ws. l to 4 and other witnesses. He entrusted the body to P.W.7 and gave a requisition Ex. P.2 for the conduct of autopsy. P.W.7 took the requisition Ex.P.2 to the C.M.C. Hospital, Coimbatore, P.W.5 conducted the autopsy on 6-5-1986 at 2.00 p.m. In his opinion the deceased would appear to have died due to profuse haemorrhage as a, result of the injuries inflicted on him. He further opined injuries Nos. 2, 3 and 5 could have been caused by hitting with a 'Sallai Kathi', M.O.1 and injury Nos. 1 and 4 could be caused by beating with a stick. Ex.P.3 is the postmortem certificate. After the autopsy, P.W. 7 recovered the blood-stained dhoti. M.O.6, and underwear M.O. 7 and handed over the same to the Police Station. On 6-5-1986, at about 6.00 p.m. on information; P.W. 11 proceeded to Vellimelaipattinam and at a place opposite to the garden of Ponnusamy in Viraliyer road, arrested the first accused. P.W. 10 was present at the time of arrest. The first accused gave a confessional statement, the admissible portion of which is Ex. P.10. In pursuance of the said admission, the first accused took P.Ws. 10 and 11 to a pond in Samannan Pudur and at the south-eastern corner he had concealed the Sallai Kathi, M.O.1 and stick, M.O.2. He recovered the same and handed them over to. P.W.11. Ex. P11 is the Mahazar for the seizure of the weapons. When the accused were brought to the Police Station they found that they had injuries on them. They were sent to the. Doctor for examination, P. W.6 is the Doctor for examination. P.W. 6 is the Doctor in attendance at C.M.C. Hospital Coimbatore on 6-5-1986 at about 9.20 p.m., when the accused were produced by the Police Constable 605. P.W.6 examined them and gave treatment. Exs. P. 4 and P. 5 are the extracts of the Accident Register relating to the treatment. On 7-5-1986 P.W. 11 examined P.W. 3. He then sent a requisition Ex. P. 6 to the Second Class Magistrate, for sending the incriminating materials for chemical examination. P.W. 8 is the Head Clerk in the Second Class Magistrate No. II, Coimbatore and he obtained orders from the Magistrate and forwarded the material objects under Ex. P. 7 for chemical analysis. Ex. P. 8 is the report of the analyst and Ex. P. 9 is thereport of Serologist. On 19-5-1996 P.W.11 examined P.W. 6 and filed a final report to the said Magistrate under Section 173(2) Cr. P.C. on 14-6-1986.

(3.) On committal, learned Sessions Judge framed a charge against both the accused stating that in furtherance of a common intention they had intentionally caused the death of the deceased Kannan, by the first accused attacking him with the Sallai Kathi, M.O.1 and by the second accused beating him with a stick M.O. 2, on his left hand and shoulder. On the accused pleading not guilty, learned Sessions Judge examined 11 witnesses and marked 15 exhibits besides nine material objects. When the accused were questioned under Section 313, Cr.P.C. about the incriminating evidence against them, they denied complicity, but did not examine any witness or file any document.