MAYILSAMY Vs. STATE

JUDGEMENT

(1.) APPELLANTS/a1 and A2 have been convicted under section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 1000/= each by the Fast Track Court III, Dharapuram, Erode District on 23. 5. 2002 challenging the said conviction and sentence, this appeal has been filed.

(2.) THE case of prosecution before the Trial Court can be briefly narrated as under:- Originally five accused viz. , Mayilsamy, Arjunan (appellants herein), Easwaran, Pappan alias Balasubramanian and Saraswathi were tried for offences under sections 147, 148 and 302 read with 149 IPC and after trial, except the appellants herein, all the other three accused were acquitted from all the charges. THEre was some enmity and strained relationship between the accused and the deceased Kumarasamy Gounder's family in connection with the dispute over common ridge and its eastern side cart track by way of rival claim. Whileso, on 27. 6. 1999, at about 4. 00 pm, the 1st accused was removing stones nearby the common ridge and particularly, A2 was removing the mud with crowbar and A3 was removing the earth with spade. THEreupon, the deceased kumarasamy and his family members protested against the removal of ridge. Immediately, thereafter, A1 Mayilsamy, attacked the deceased Kumarasamy with stones and caused injury on the head and at the same time, A2 Arjunan son of A1 attacked Kumarasamy on his head and neck on the right side with crowbar and caused injuries. This occurrence was witnessed by PW1 Seerangasamy son of the deceased, PW2 Chellammal wife of the deceased and PW3 Chinnasamy. Afterwards, the injured Kumarasamy was brought to Dharapuram Government Hospital with the help of PW6 Dhandapani through a car and treatment was given to the injured kumarasamy by PW10 Doctor Sathyaraj and later, he referred Kumarasamy for further treatment to Coimbatore Government Hospital and then he was brought to coimbatore Government Hospital and PW15 viz. , Head Constable Ayyasamy came there on information and recorded the statement of complaint given by the injured Kumarasamy and thereafter, he registered a case in Crime No. 92/99 under section 323 and 324 IPC and prepared FIR marked as Ex. P31. THEreafter, PW16, sub Inspector of Police took up investigation and proceeded to the hospital and recovered towel from the injured Kumarasamy and also examined the injured kumarasamy, Dhandapani Gounder and Muthusamy Gounder and that thereafter, he proceeded to the scene of occurrence, prepared observation mahazar Ex. P1, rough sketch Ex. P34, examined some witnesses and recovered M. Os. 2 and 3. THEreafter, on 18. 7. 1999, the injured Kumarasamy died in the hospital. THErefore, PW16, on getting information about the death of Kumarasamy, visited the Governmen t Hospita l , Coimbatore and altered the case into one under section 302 IPC and submitted for further investigation to the Inspector of Police. PW17 Inspector of Police Ganesan took up further investigation and visited the occurrence place and Governmen t Hospita l , Coimbatore , conducted inquest upon the dead body of Kumarasamy in the presence of witnesses and panchayatdars and prepared inquest report marked as Ex. P36 and made arrangements for sending the body for post mortem. PW14 viz. , Ramasamy, constable entrusted the body with the requisition for post mortem to the doctor. Consequently, PW13 viz. , Dr. Ravikumar conducted post mortem and furnished post mortem report marked as Ex. P27 along with his opinion that the deceased would have died due to multiple injuries and its complications sustained by him. THEn PW17 examined some more witnesses like Dr. Ganesh Babu, dr. Ravikumar, Dr. Nanjundappan and then on 21. 7. 1999 he arrested A1 to A4 and recorded confessional statement of A3 and in pursuance of that confessional statement, he recovered the crowbar marked as M. O. 1 in the presence of the village Administrative Officer PW7 and another and remanded the accused for judicial custody and then gave requisition to the Magistrate for sending the recovered m. Os. to the Chemical Analyst and then after obtaining the Chemical Analyst report marked as Exs. P14 and serologist report marked as Ex. P15 and completing the investigation, filed charge sheet against the accused. After filing final charge sheet, referred the complaint given by A5, registered as crime No. 91 of 1999, as mistake of fact.

(3.) REGARDING the next submission about the delay in preferring FIR and despatch, etc. , we are not convinced that there is unexplained or undue delay in FIR and its despatch to the Magistrate in a way to suspect the very truth of the occurrence. It is more so when such delay was not intended to implicate falsely persons who are not concerned with the occurrence. Accordingly, this submission also deserves to be rejected.