V RAMESH Vs. STATE

JUDGEMENT

(1.) APPELLANTS are accused No.1 and 2 in S.C. No.59 of 2003 on the file of the Additional Court of Sessions, Coimbatore, in which they were tried for the offence under Section 302 read with 34 I.P.C. On being found guilty at the end of the trial, each one of them stands sentenced to undergo imprisonment for life together with a fine of Rs.5,000/- carrying a default sentence. Hence, they are before this Court in these appeals. Heard G. Karthikeyan, learned counsel appearing for A1, S. Sivakumar, learned counsel appearing for A2 and N.R. Elango, learned Additional Public Prosecutor appearing for State in both the appeals.

(2.) THE prosecution case is that on the intervening night of 21.3.2000 and 22.3.2000, both the accused poured acid on the victim, namely, Pratheep, assaulted him on his head, resulting in his death on 10.7.2000 and therefore punishable for the offence referred to earlier. THE prosecution to substantiate their case examined P. Ws. 1 to 16 besides marking Exs. P. 1 to P.23 and M.Os 1 to 8. Neither oral nor documentary evidence was brought before Court at the instance of the accused.

(3.) P.W.2 is employed under P.W.1. He would state that he, the deceased, A1, A2 and many others were working under P.W.1. At 8.30 p.m. on 21.3.2000, there was a quarrel between the accused (A1 and A2) on the one hand and the deceased on the other hand, which was sorted out by P.W.1. Then Pratheep - since deceased went to sleep inside the Goldsmithy shop. A1 and A2 left to the adjoining Smithy shop to see television. P.W.2. and others went to the open terrace to sleep. Mid way his sleep, A2 woke him up and by handing over the Smithy shop key, told him that A2 and A1 had assaulted Pratheep - since deceased and they left him in the bathroom by locking it. P.W.2 took that in a lighter vein and by collecting the key, resumed his sleep. Thereafter, he felt that somebody is touching him and he found P.W.4, the worker in the neighbour Goldsmithy shop. P.W. 4 told him that as he is hearing some noise from the Goldsmithy shop, asked him for the key, as it is found locked. Immediately, P.W.2 in the company of Sathish and others went down where they found P.W.9 and others. Then P.W.2 opened the lock and entered the Smithy shop where he found electric light burning and none was found, but however, when he opened the bathroom door, he found Pratheep sitting under the water tap and weeping. Pratheep wanted water. P.W.4 brought. They felt a smell of acid at that time. P.W.4 and others poured water on Pratheep. Pratheep was wearing only his inner wear and his body was charred. He noticed an injury on Pratheep's head. When enquired, Pratheep said that A1 and A2 after assaulting him, poured acid on him and as Pratheep was having a burning sensation, he went to the bathroom to splash water on his body, at the time A1 and A2 bolted the door outside and left. P.W.2 requested Sathish to bring P.W.1 and P.W.1 arrived and asked Pratheep as to what happened. Pratheep repeated what he had already told to P.W.2 and others. Then P.W.1 and others in an auto rickshaw took injured Pratheep to Maruthi Hospital and finding none there, Pratheep was taken to Ramakrishna Hospital. They reached Ramakrishna Hospital at 3.30 a.m. and P.W.1 informed the police as well as the parents of Pratheep. Next day, police visited the crime scene, where they found a letter on the table, the contents of which we have already extracted. The said letter is M.O.1 and it came to be recovered. P.W.3 is the father of the deceased. He would state that after getting his son discharged from Ramakrishna Hospital, Coimbatore, he was admitted in the Government Hospital, Trichur where despite treatment he died at 1.30 hours on 10.7.2000, i. e., on the intervening night of 10.7.2000 and 11.7.2000. He would state that when Pratheep was in the hospital at Coimbatore, he could not talk, but once he reached at Trichur, he was in a position to talk.