CHELLACHAMY Vs. MARIAPACKIAM

JUDGEMENT

(1.) PETITIONER Chellachamy is the first accused in P.R.C. No. 4 of 1994 in the Court of the Judicial Magistrate at Mudukulathur. It appears that a complaint was filed against him, his wife Mariammal and daughter Kavitha in Crime No. 238 of 1991 of Sayalkudi Police Station alleging that on the evening of 28.6.1991. Mariammal and Kavitha beat on the left side head of one Mariabagyam, wife of Thommai Michael Cruse Nadar and at that time the present petitioner Chellachamy caught hold of her tuft and caused injuries. Thereupon the injured shouted and when she was about to leave for the police station along with her husband, Mariammal and the present petitioner Chellachamy intercepted them and Chellachamy stabbed on the left thigh of Thommai Michael Nadar. Thommai Michael Nadar, who was admitted in the Government Hospital, Mudukulathur on 28.6.1991 died on 14.7.1991. The Police investigated. On 15.4.1992 the Inspector of Police, Law and Order Incharge, Sayalkudi filed a charge sheet against the petitioner, his wife and his daughter for the alleged offences under Secs. 324, 323 and 341, I.P.C. This was taken on file as C.C.No. 1143 of 1992 in the Court of Judicial Magistrate, Mudukulathur.

(2.) THEREAFTER on 24.2.1994 Maria Bagyam alias Bagyam, wife of Thommai Michael Nadar preferred a private complaint before learned Judicial Magistrate, Mudukulathur, impleading present petitioner Chellachamy as A-1, Kavitha and Mariammal as A-2 and A-3. respectively regarding the occurrence which took place on 28.6.1991. On the same day, learned Magistrate recorded the sworn statement of the complainant Maria Bagyam and those of one Amirtham and one Sebastian. On 8.3.1994, the statement of doctor Abdul Kutha who had treated Thommai Michael Nadar at Government Hospital Mudukulathur was recorded. The statement of another doctor S. Nallamuthu who had conducted the autopsy on the dead body of Thommai Michael Nadar on 15.7.1991. was also recorded on 8.3.1994. In his order dated 17.3.1994, in Miscellaneous Petition No. 1468 of 1994 learned Magistrate found there was sufficient ground for proceeding under Sec. 202, Crl.P.C. and that the offence complained of was triable exclusively by the Court of Session and took the case against Chellachamy on file as P.R.C. No. 4 of 1994 under Sec. 302, I.P.C. The case against the other two accused was taken on file under Sec. 323, I.P.C. And in this petition the said Chellachamy seeks to quash the proceedings against him in P.R.C. No. 4 of 1994 on the file of the Judicial Magistrate, Mudukulathur by invoking the inherent jurisdiction of this Court under Sec. 482, Crl.P.C.

(3.) WHEREAS Thiru B.Kumar, learned counsel for the respondent pleads that in the impugned order dated 17.3.1994. learned Magistrate states that as per the case sheet, the wound became septic. The post-mortem certificate does not give any specific cause such as heart attack, renal failure, Tuberculosis as the reason for the death. And it is nobody's case that the deceased had any history of illness. Till one day prior to his demise his condition is reported to be satisfactory. If a normal person sustains such an injury and hospitalised and if he dies 17 days later in the absence of any specific cause like heart attack or renal failure the only possible inference is that death was due to the injuries sustained. And as per Explanation 2 to Sec. 299, I.P.C. where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. This factor cannot be washed away by mere statement in the post-mortem certificate that the death was due to natural cause.