NATRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) APPELLANT in this case stands convicted in S. C. No. 326 of 2003 on the file of Additional Court of sessions and Special Court for Essential commodities Act, Coimbatore under Sections 302 and 352,1. P. C. for which he stands sentenced to undergo imprisonment for life together with a fine of Rs. 20,000 carrying a default sentence for the former offence and six months' rigorous imprisonment together with a fine of Rs. 500 carrying a default sentence for the latter offence. Hence he is before this Court in this Appeal. Heard Mr. K. Kalyanasundaram, learned counsel appearing for the appellant and mr. N. R. Elango, learned Additional Public Prosecutor for the State.

(2.) ACCORDING to the prosecution at 10. 00 a. m. on 27. 8. 2002 the accused poured diesel on Nachammal aged about 70 years and set fire to her resulting in her death in the course of the day. In the course of the same transaction, he pushed violently P. W. I nachammal's son, who came in between and thereby punishable for the offences referred to earlier. In all, the prosecution examined p. Ws. 1 to 14 besides marking Exs. P. I to p. 25 and M. Os. l to 9. The defence did not jet in any oral or documentary evidence. P. W. I is the husband of P. W. 2. P. W. I is the son of the deceased and accused Nataraj is P. W. l's cousin. P. W. l's family, Nataraj and another cousin Kanagaraj have lands irrigating the same from a common water source. The occurrence was on 27. 8. 2002 at about 10. 00 a. m. That was the turn day for p. W. l's family to irrigate. P. Ws. 1, 2 and the deceased went to the well sufficiently equipped with diesel to make the oil engine fitted to the well run. The accused came there and objected to P. W. 1's family irrigating the lands. In that context the occurrence is shown to have taken place. P. W. I would state that after leaving his mother near the well and keeping the can containing diesel in that place, he was attending to the agricultural work. The accused emerged at the scene and questioned the deceased about the irrigation of the lands by the prosecution party, which was followed by exchange of words. P. W. I was carrying on agricultural work away from the well. He heard the noise of the exchange of words between his mother and the accused and at that time, he saw the accused pouring diesel on his mother. His mother called him by his name to come and even before P. W. I could reach, the accused threw a lighted matchstick on his mother and immediately his mother was in flames. On reaching the place P. W. 1 asked the accused as to why he had done like that, which ended in a scuffle between the two and they were rolling on the ground. The accused always used to have a knife and by removing that knife he stabbed him near his left leg knee and the accused made good his escape. By using a gunny bag, the flames on his mother was attempted to be put out. P. W. I went to the police station to give a complaint. He got the complaint reduced into writing by securing a person, who was available near the police station and gave the complaint at the police station. Ex. P. I is the said complaint. His wife P. W. 2 took injured Nachammal to the Government hospital at Pollachi. Nachammal breathed her last at 11. 30 p. m. in the night.

(3.) P. W. 13 is the Sub-Inspector of police during the relevant time in the investigating police station, before whom at 4. 00 p. m. on 27. 8. 2002 P. W. I appeared and gave the written complaint, which he registered in his Police Station Crime No. 237 of 2002 as ex. P. I under Section 307,1. P. C. Ex. P. 19 is the printed First Information Report. He served a copy of the printed First Information Report on P. W. 1 under his acknowledgment. Then he sent the Express Records to the Court as well as to the higher officials. He assisted the Inspector of Police. P. W. 14 is the Inspector of Police. At 4. 30 p. m. on 27. 8. 2002, he received the information from p. W. 13 about this crime and by directing p. W. 13 to send the Express Records to the crime scene, P. W. 14 proceeded to the crime scene, where in the presence of P. W. 6 and another, he prepared Ex. P. 2, the Observation Mahazar and Ex. P. 20, the rough sketch. He caused the scene of occurrence to be photographed and M. O. 8 series and m. O. 9 series are the photographs and the negatives. From the crime scene he recovered M. Os. 3 to 7 under Ex. P. 3 attested by the same witnesses. He examined P. Ws. 1, 3, 4 and 5 by recording their statements. Then he proceeded to the Government Hospital at Pollachi, where by examining nachammal he recorded her statement. Ex. P. 25 is the said statement. He also examined P. W. 2 present there and recorded her statement. In the following morning at 1. 30 p. m. he received the information that nachammal died and accordingly altered the section of offence from one under Section 307,1. P. C. into one under Section, 302, i. P. C. Ex. P. 21 is the altered printed First information Report, which he sent to the court as well as to the higher officials. At that time P. W. 7 produced the accused before him, stating that the accused had confessed the crime. The accused was produced along with Ex. P. 4, the statement of the accused reduced into writing by p. W. 7. P. W. 14 arrested him and examined him in the presence of P. W. 7 and another. The accused at that time gave a voluntary confession statement. Then in the presence of p. W. 7 and another at 6. 30 p. m. on that day, an yellow colour plastic can with a capacity of 10 litres smelling diesel was recovered under Ex. P. 5. M. O. 1 is the said can. Then in the government Hospital at Pollachi, P. W. 14 conducted inquest over the dead body in the presence of panchayatdars and witnesses and prepared Ex. P. 22 the inquest report. During inquest he examined P. Ws. 1, 2 and others by recording their statements. Then he sent a requisition for conducting post-mortem.