RAMACHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE first and second accused" in Sessions Case No. 68 of 1955 on the file of the sessions Judge, Salem, are the appellants in the above two appeals. They were tried on five charges: firstly, for an offence under Section 302. I. P. C. against the first accused for having caused the death of a person called Pookaran alias krishnan, the second charge is against the second accused for abetment of the offence of murder, punishable under Section 302 read with Section 109 I. P. C. , the third charge is against the first accused for having caused hurt to P. W. 2 in the case, an offence punishable under Section 323 I. P. C. , the fourth charge is against the second accused for having caused hurt to P. W. 2, aw offence punishable under section 323 I. P. C. , and the fifth charge is against the second accused for having caused hurt to P. W. 1, an offence punishable under Section 323, I. P. C. The learned judge convicted the first accused on the first charge, and the second accused on the second and fourth charges; and acquitted both the appellants ore the other charges. The appellants were sentenced to transportation for life for the offence of murder by the first accused and abetment thereof by the second accused. The second accused was awarded a further terni of imprisonment for three months for the offence under Section 323 I. P. C. both the sentences on this accused being ordered to run concurrently.

(2.) THE prosecution case, briefly stated is as follows: the deceased Pookaran alias Krishnan was the son-in-law of P. W. 1 living in P. W. I's land called Kattuvalavu In Kongarapatti village. P. W. 1 had built three huts in one of which he, his wife and his son, P. W. 2 were living and in the other his sister, P. W. 3 was living. In the third one, his daughter P. W. 4 and his son-in-law, the deceased Pookaran alias Krishnan, were living. All these huts or KOTTAIS as they are called are near one another. The deceased married the daughter of P. W. 1 about 11 months prior to the Occurrence which was on the 6th of April 1955. Two months after the marriage he had come to his father-in-law's place and was-living in one of the huts above mentioned. About a month be fore the occurrence p. W. 1 his wife, his son and his son-in-law werit to Mecherl to witness a car festival. His sister, P. W. 3 and daughter, P. W. 4, are said to have remained without accompanying the others. P. W. 1 and others who went to attend the car festival remained there for about five days and returned. During their absence, the first accused who lives in Kongarapatti is said to have allowed his sheep to graze the crops raised in P. W. 1's land, and when P. W. , 4 the daughter, protested, the first accused beat her. P. W. 4 complained to her father as soon as he returned. It is stated that the first accused was a rowdy and an influential man and therefore, P. W. 1 did not complain to any of the panchayatdars. On the morning of the day of the occurence, (6-4-1955) the flrst accused is said to have come again with about 50 sheep and allowed them to graze the ragi and castor-seed plants which were in P. W, I's land. The deceased Pooka-ran alias Krishnan abused the flrst accused for doing this and was driving the sheep to the pound. The first accused then rescued them from being taken to the pound and is said to have issued a threat saying that he would deal with the deceased in a proper manner very soon. At about noon when the deceased was taking his food in his hut, the two accused herein are said to have come with another man called Nanjan, and dragged the deceased from inside theshed asking him to accompany them to the village m,unsif's house for a panchayat. P. W. 1 interceded on behalf of his son-in-law and he was also asked to accompany, but he refused. Then Nanjan. is said to have stuck a match stick which he had and threatened to set fire to the hut. The flrst accused then dragged the deceased and fearing that the huts might be set nre to,,p. W. I, his son-in-law, the deceased P. W. I's wife and his son and sister (P. Ws. 2 and 3) are said to have accompanied the two accused and Nanjan. When they passed the sheds of one Madalamuthu, Vellapsll-an and two others P. W. 1 and his party refused to move further saying that the village munsif was not in his house. Then the two accused and Nanjan are said " to have dragged P. W. I and madalamuthu. Vell. appallan, Kallavayan (the last two persons were. examined as p. Ws. 6 and 5 in this case) and another Madalamuthu persuaded P. W. 1 to go with the accused to Kongarapatti saying that they would also accompany them. So they all went to the village munslf's house for a panchayat. It is staled that at that time nanjan was fully drunk. When they went to the village Munsif's house he was not to be found as he had gone out of the village. Thereupon the two appellants took p. W 1 and his party to A-l's aunt's house. There his aunt is said to have abused P. W. I. Nanjan who had also accompanied them was so intoxicated that he fell down there. Then P. W. 1. and the first accused are said to have carried Nan-Jan to the village Munsif's house and after jay-ing him in front of that house set out for home. On the way they had to pass the house of one Pallikudathan alias Sithan. In front of Palliku-dathan's hut, three persons namely, Mottayyan, Manthi alias Mari Goundan and Pallikudathan alias. Sothal were standing. P. W. 1 complained to them about the flrst accused's conduct. As he was complaining, P. W. 2 who was. coming behind was attacked by the two accused; the second accused is said to have pressed the neck of P. W. 2. When p. W. 1 intervened the second accused is said to have hit him on the left arm with a piece of stone. Then, neighbours came and separated, and advised the prosecution party to go away. When the prosecution party had gone a little distance and had reached almost the outskirts of the village, the two appellants are said to have come, running after them with Stones. The first accused is said to have hit Pookaran alias Krishnan on the hip With a stone and felled him. The second accused is said to have held the deceased down and the first accused is said to have hit the prostrate man on the head with a stone. Then the first and second accused are said to have attacked P. W. 2. The deceased is said to have got up and walked some distance, which is variously stated as ten steps or 40, or 50 or 100 yards, and then fell down. P. W. 3 and others ran up to him and attempted to give him water but he could not drink water, krishnan was then taken to the village munsif's house and within a short time he died. The. Village Munsif who was hot in the village. came back in the evening at about 8-30 P. M. In , the meantime, P. W. 1 who went in search of the village munsif found him at the place where he was collecting kist and told him what had hap pened. Both of them came back and then the Tillage munsif took a statement ex. P-1 from P. W. 1. Then he prepared his reports and sent them to the devattipatti police station and to the Omalur Magistrate. The report reached the police station the next morning at 5 as there was no proper road and the path was through a forest. The police arrived at the scene at "about 10 A. M. on the 7th and found Krishnan's corpse in a cot near the village munsif's house. The Sub Inspector, P. W. 13, held the inquest over the body and examined P. Ws. I to 4 at the inquest. After the inquest the body was sent to omalur hospital. Then P. W. 13 examined P. Ws. 5, 8, and 7 and others the same day. The doctor at the Omalur Hospital was absent and therefore the body was sent to the Salem Headquarters Hospital where P. W. 8 conducted the Post mortem.

(3.) THE doctor, P. W. 8 found the following injuries on the person of the deceased krishnan: external. 1. Abrasion 2 inches into 1/2 inch horizontelly placed 2 inches below angle of the left scapula; on cutting through the abrasion there is echymosis underneath it. 2. Abrasion 1/4 inch by 1/4 inch placed 1 inch above (1 ). INTERNAL. Depressed fracture involving the right temppraral and occipital bones of the following des cription, (l) Fracture line running horizontally from before backwards 2 inches above the right ear. The length of fracture 4 inches. (2) From the middle of this fracture line running downwards and backwards for 2-1/2 inches cutting through temporal and occipital bones, (3) Fracture line starting 1/2 inch in front of (2) running upwards and backwards for 1-1/2 inches. " he further found the following;