R MUGUNATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE appeals have been filed against the Judgment in S. C. No. 59 of 2003 on the file of Additional Sessions Judge-cum-Fast Track Court No. 1, Salem. There are totally eight accused involved in the crime. Out of them, against A1, the case has been spilt up as S. C. No. 19 of 200 2 since he is absconding. As against A3, the charge has already been abated since he died subsequent to the filing of the charge sheet. Crl. A. No. 1754 of 2003 has been preferred by A6 to A8 and Crl. A. No. 1868/2003 has been preferred by A2, A4 and A5.

(2.) THE facts of the case in brief relevant for the purpose of deciding these appeals are as follows: the accused and the deceased Rengasamy belong to Naidu Community and there was previous enmity between Naidu Community and Adi Dravida Community in the Pommiyampatti Village. According to the prosecution, on 29. 3. 1997, the deceased gave electricity for the function conducted by the Adi Dravida Community belonging to "bharatiya Kudiyarasu Katchi". After coming to know about this, the accused got infuriated against the deceased for having allowed the Adi Dravida Community people to take electricity power from his shop A1 along with the other accused, came to the shop of the deceased on the night of 29. 3. 1997 at about 10. 00 p. m. , and scolded him. On 30. 3. 1997, at about 11. 00 a. m,. , all the accused armed with casuarina stick, trespassed into grocery shop of the deceased and at the instigation of A1, A3, A6 to A8 caught hold of the deceased and A2 Ravi beat the deceased with casuarina stick on the left side of his head. A4 Mathan beat the deceased with casuarina stick on the right side of the head and A5 Padmanabhan, assaulted the deceased with casuarina stick on the right side of the face near the eye of the deceased, thus, causing grievous injuries. P. Ws 1 and 2 along with one Govindasamy took the injured Rengasamy to the Omalur Government Hospital on 30. 3. 1997 at about 12. 20 p. m. , who was treated by P. W. 7, the Doctor and issued Ex. P14 copy of accident register. P. W. 7 has referred the injured to Salem Government Hospital for further treatment, taking into consideration the gravity of the injuries sustained by him. P. W. 8, the Doctor who had examined the injured Rengasamy at Salem Government Hospital and issued Ex P15 copy of the accident register. Thereafter, the injured was taken to a private hospital by name "shanmuga Private Hospital" wherein P. W. 9 the Doctor admitted at about 6. 15 p. m. , and treated him but without responding the treatment Rengasamy breathed his last on 31. 3. 1997 at 4. 00 p. m. , On 30. 3. 1997 at 8. 30 p. m. , itself, P. W. 1 has preferred a complaint from Salem Government Hospital with P. W. 13 who had registered a case in Crime No. 184 of 1997 under Section 147, 148, 452, 341 and 307 IPC. Ex P29 is the First Information report. Thereupon, P. W. 13 visited the place of occurrence prepared observation mahazar had drawn rough sketch Ex P30 at 10. 00 p. m. , on the same day, and also collected material objects from the place of occurrence and went to the hospital at 11. 30 p. m. , and examined P. W. 1 and recovered blood stained clothes of the deceased. P. W. 13 has examined the witnesses and recorded their statement. After the death of Rengasamy on 31. 3. 1997 at 4. 00 p. m. , P. W. 13 altered the charge into that under Sections 147, 148, 452, 341 and 302 IPC. Ex P31 is the Express First Information report. P. W. 13 has conducted inquest on 31. 3. 1997 between 7. 00 a. m. , and 10. 00 a. m. , on the corpse of Rengasamy and send the body for post mortem. Ex P32 is the inquest report. P. W. 11 is the Doctor who had conducted post mortem on the corpse of Rengaswamy on 31. 3. 1997 at about 12. 40 p. m and issued Ex P2 8 post mortem report wherein he has opined that the deceased would appear to have died of head injuries. A2, A3, A4, A5 and A7 have surrendered before the learned Judicial Magistrate No. II Salem on 2. 4. 1997. After taking them into police custody on 10. 4. 1997, at 5. 00 p. m. , P. W. 13 has recorded the confession statement of A2, A3, A4, A5 and A7 and recovered casuarina stick from A2, A4 and A5 and blood stained shirts from A3 and A7. After observing all the formalities, P. W. 13 completed the investigation and filed charge sheet on 15. 8. 1997. The case was taken on file as PRC 29 of 1997 by the District Munsif-cum-Judicial Magistrate, Omalur and on appearance of the accused furnished copies under Section 207 Cr. P. C and since the case is triable by Court of Sessions, the learned Judicial Magistrate had committed the case to the Principal Sessions Court, Salem who in turn had transferred the case to Fast Track Court No. 1, Salem for trial. The charges under Section 147, 148, 452, 341 and 302 I. P. C were framed against the accused by the learned Additional Sessions Judge (Fast Track Court NO. 1) Salem against the accused and when questioned the accused pleaded not guilty.

(3.) P. WS 1 to 13 were examined. Exs. P1 to P. 32 and M. O. 1 to M. O. 12 were marked.