KASAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS Appeal has been filed against the judgment in S.C. No.88 of 1994 on the file of I Additional District and Sessions Court, Coimbatore.

(2.) THE short facts of the prosecution case relevant for the purpose of deciding this Appeal are as follows: (a) On 14.4.1003 at about 6.30 p.m., the accused had assaulted Moorthy (P.W.1) with a knife on the private parts causing simple injury and also with the same knife assaulted, Rangan @ Rangasamy (P.W.2) on the right forehead causing simple injury liable to be punished under Section 324, IPC and in the course of same transactions, had stabbed Kadakan @ Maran on the stomach causing grievous injuries resulting his death on 15.4.1993 at about 2.00 a.m., an offence punishable under Section 302, IPC. (b) P.W.1 and P.W.2 are the injured witnesses in the occurrence. P.W.1 is a painter by profession residing at Harijan Colony, Kurumbapalayam. Some two years prior to the occurrence, for the upliftment of his community, an organization by name 'Liberation of Scheduled Caste'was founded, in his village and the name board for the said organization got rusted. On 14.4.1993 at about 10.00 a.m., the members of the said organization celebrated a function in connection with the organization by hoisting their f lag and thereafter they departed. (c) On the same day at about 6.50 p.m., while P.W.1 along with Rangan and Kattabomman were standing near the said name board, the accused- Kasan came from west and criminally intimidated as to if the said name board is not removed before dawn by next day, he will finish of all those assembled there and thereupon took out a knife and stabbed near his (P.W.1's) private parts, he had identified the knife used by the accused as M.O.1 and also identified the accused-Kasan as the assailant. On seeing the atta ck on P.W.1 by the accused, Rangan and Kattabomman intervened in order to prevent the further attack of the accused on him (P.W.1). THEreupon, the accused had assaulted Rangan (P.W.2) with the same knife on the right side of the forehead and on the right side of the cheek causing simple injury. On seeing the attack Kadakan @ Maran rushed to the place of occurrence, was also attacked by the accused on his stomach resulting his intestine protruding out. Ater receiving the stab injury, Kadakan @ Maran fell on the ground and on seeing this, Kattabomman took a stick and beat the accused about 4 or 5 times in order to prevent the futher attack of the accused. THE accused ran away from the scene of occurrence with the knife. (d) THE injured P.W.1 and P.W.2 were taken to the hospital by one Gopalan, the brother of P.W.1. THE injured Maran was taken to the hospital by his son Natarajan and one Lakshmanan. In the hospital, after giving the first-aid, Rangan was treated as out-patient and sent home. Considering the nature of the injury, P.W.1 and Kadakan @ Maran were admitted in the Government Hospital, Coimbatore as in-patients. (e) Since Kadakan @ Maran was not in a state of lodging a Complaint due to the grievous injuries he had sustained, he gave Ex.P.1-Complaint to the Sub-Inpsector of Police. Since the said Sub-Inspector of Police is no more, P.W.14, who had acquaintance with the signature of the said Sub-Inspector of Police had deposed to the fact that on the basis of the Complaint preferred by P.W.1, the then crime Sub-Inspector Thiru Rajagopal had registered a case in Kovilpalayam Police Station Crime No.38/93 under Sections 307 and 324, IPC Ex.P.8 is the First Information Report. He has also identified that Ex.P.15-Remarks were written by the said Sub-Inspector of Police-Mr. Rajagopal. He has further stated that after registering the First Information Report, the Sub-Inspector of Police proceeded to the place of occurrence on the same day at about 23.45 hours and prepared an Observation Mahazar Ex.P.3 in the presence of witnesses and also Ex.P.16-Rough Sketch. He has also recovered from the scene of occurrence, blood stained sand and sample sand and also recovered blood stained white banian (M.O.2), blood stained light blue yellow striped lungi (M.O.3) and blood stained red colour jatty (M.O.4) under Mahazar in the presence of P.W.1 and another witness. (f) THE Doctor, who had given first-aid to P.W.1-Moorthy on 14.4.1993 at about 6.00 p.m., soon after the occurrence for the injury he had sustained, is P.W.11. Ex.P.7 is the Copy of the Accident Register relating to P.W.1 for the injury he had sustained issued by P.W.11. THE nature of the injury, P.W.1 has sustained is simple measuring 3 cm x 1 cm. On the same day, at about 9.50 p.m., Doctor-P.W.11 has also examined Rangan @ Rangasamy (P.W.2) for the injuries, he had sustained in the occurrence. Ex. THE copy of the accident register relating to P.W.2 which shows that P.W.2 had sustained injury on the right side of the forehead measuring 2 cm x 1 cm x cm and also an abrasion on the upper surface of right eye measuring 3 cm x 2 cm and also another abrasion on the right eye brow measuring 1 cm x 1 cm. (g) P.W.15 is the Investigation Officer, who took up the investigation in this case has received death intimation Ex.P.20 regarding the death of Kadakan @ Maran from the Government Hospital, Coimbatore on the early morning of 15.4.1993 at 4.00 p.m. After the receipt of Ex.P.20, P.W.15 had altered the charge from Section 307, IPC to that of Section 302, IPC and sent an Express First Information Report-Ex.P.21 to the Judicial Magistrate, No.11, Coimbatore and other higher officials. (h) According to P.W.15, the then Inspector of Police, Avinashi Thiru Dhandapani had conducted an inquest on the corpse of Kadakan @ Maran in the presence of Panchayatars. THEreafter, the corpse was sent to the Government Hospital, Coimbatore for conducting postmortem with Ex.P.9 requisition. P.W.12 is the Doctor, who had conducted postmortem on the corpse of Kadakan @ Maran, Ex.P.10 is the post mortem report. THE Doctor has opined that the deceased would have died due to complications of the injury sustained by him. During autopsy, P.W.12, had seen the surgical sutured wound 20 cm long and right papramedial region with 20 sutures and on the exploration of the abdomen, sutures seen in four different places in small intestine with surrounding areas of the mesentry contused, sutured. P.W.15 would depose that Rajagopal, Sub-Inspector of Police, had arrested the accused on the early morning at 5.00 a.m., on 15.4.1993 and had recorded the confession statement of the accused in the presence of P.W.5 and another witness. (i) P.W.5 would depose to the fact that while he was waiting for a bus to go to Avinashi at Annur Bus Stand at 5.00 a.m., P.W.15, the Inspector of Police had enquired the accused and at that time, he gave a confession statement, which was reduced to writing by the Inspector of Police and in pursuance of the confession statement, the accused had took out a knife (M.O.1) from his pocket and Ex.P.2 is the mahazar for the recovery of M.O.1-knife. THE Sub-Inspector of Police had remanded the accused for judicial custody, P.W.15 took up the investigation on 16.4.1993, he had given a requisition to the Judicial Magistrate No.II, Coimbatore for sending the Material Objects recovered in this case for chemical examination. (j) P.W.13 is the then Head Clerk of Judicial Magistrate No.II, who would depose that Ex.P.11 is the requisition letter received from the Investigation Officer and in pursuance of it, along with Ex.P.12-letter of the Court, the Material Objects were sent from chemical analysis to the Foresnic Science Laboratory from where Ex.P.13 (series)-Analyst Report and Ex.P.14-Serologist Report were received. After completing the investigation, P.W.15 has filed the charge-sheet against the accused on 30.8.1993.

(3.) THE point : THE learned Senior Counsel appearing for the appellant would contend that the accused had assaulted the deceased Kadakan @ Maran and the injured witnesses Moorthy (P.W.1) and Rangan @ Rangasamy (P.W.2) in a sudden quarrel and there was no remediation to kill anybody by the accused and hence the act of the accused will squarely come within the Exception 4 to Section 300, IPC which warrants conviction under Section 304 Part I, IPC and not under Section 302, IPC.