THANGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment passed in S. C. No. 326/2001 on the file of the Additional Sessions Court, (FTC-I), Chengalpattu.

(2.) THE short facts of the prosecution case is as follows: on 13. 5. 2001 at about 19. 00 hours due to previous enmity the accused wrongfully restrained P. W. 1 in front of his house and kicked him on the testicles causing injuries and during the same transaction with an intention to kill the father of Mathiazhagan (P. W. 1) viz Vembadi, stabbed him on the left chest with a knife thus causing instantaneous death and in the same transaction the accused has also attacked P. W. 1 with the same knife on the left hip and left hand and attacked P. W. 4 with knife on the left hand and left thigh and with the same knife attacked P. W. 5 on the left hand and left leg and with the same knife attacked P. W. 6 on the right hand causing simple injuries. There are nine eye witnesses to the occurrence out of which P. W. 1 to 6 are the injured witnesses and P. W. 7 and 8 have not supported the case of the prosecution and P. W. 9 is the other eye witness, even though he is not an injured witness. P. W. 1 is the son of the deceased. According to P. W. 1, his father and other injured witnesses and the accused are of the residents of the Srilankan Refugee Camp at Gummudipoondi and since the water hand borewell pumb got repaired, his father (deceased-Vembadi) as vice-president of the refugee camp collected Rs. 5/- from each house and the pump was got repaired on 12. 5. 2001 and on 13. 5. 2001 at about 6. 00 pm, when he (P. W. 1) was proceeding to the house of P. W. 10 to collected money, the accused called him and enquired about the money collected by his (P. W. 1) father in connection with the repair of the hand borewell pumb and kicked on the testicles and thereafter, he returned to his house and informed the incident to his parents, who came to the house of the accused at about 7. 00 pm on the same day, questioned the accused how he can beat their boy-P. W. 1. Thereupon the accused slapped the mother of P. W. 1, who fell down. The accused was also pushed down by P. W. 1's father. Immediately the accused took a knife from his waist and stabbed on the left chest of his (P. W. 1) father causing grievous injuries. Thereafter, the accused had also assaulted P. W. 1 and P. W. 3 to 6 causing grievous injuries and he (P. W. 1) took his father in an auto for admitting him in Ponneri Government Hospital. But his father died on his way to the hospital. Thereafter, P. W. 1 preferred Ex. P. 1-complaint to P. W. 19, Sub-Inspector of Police, who had registered a case in Cr. No. 126/2001 under Section 341, 323, 324 and 307 IPC. Ex. P. 16 is the FIR. P. W. 21-Investigation Officer took up the investigation on 13. 5. 2001 and went to the place of occurrence and prepared observation mahazar and drew Ex. P. 18-rough sketch and seized material objects from the scene of occurrence and went to the hospital and after come to know that the injured-Vembadi died, he altered the charge into under Section 341, 323, 324, 307 and 302 IPC. Ex. P. 19 is the altered FIR. After observing the formalities and after completing the investigation, P. W. 21 filed the charge sheet. P. W. 20 is the Doctor, who had conducted the postmortem on the dead body of the deceased, issued Ex. P. 17-postmortem certificate, wherein he has opined that the deceased would appear to have died due to haemorrhage and shock.

(3.) THE case was taken on file by the learned Judicial Magistrate No. I, Ponneri and on appearance of the accused, the learned Magistrate furnished copies to the accused under Section 207 of Cr. P. C. and committed the case to the court of sessions under Section 209 of Cr. P. C. The learned Additional Sessions Judge, Chengalpattu, framed the charges under Section 341, 352, 302 IPC and 324 IPC (4 counts) against the accused and when questioned, the accused pleaded not guilty.