CHINNARAJ ALIAS AYYAPPAN Vs. STATE

JUDGEMENT

(1.) THE fourth accused in S. C. No. 8 of 1983 on the file of the learned Principal Sessions Judge, Ramanathapuram Division at Madurai, has preferred this appeal challenging the legality and correctness of his conviction under Sec. 304, Part i, Indian Penal Code and sentence to undergo rigorous imprisonment for seven years.

(2.) THIS appellant along with four others were tried for the offence under Sec. 302, read with 34, Indian Penal Code, on the allegation that on 4. 10. 1981 at about 4. 30 p. m. near Uppathur busstand all of them were armed with dangerous weapons and the first accused stabbed Thavasi alias appakannu with vel-kathi on the chest, the second accused stabbed him with kuthu-kambu on the chest, the third accused cut him on the back of the neck indiscriminately with aruval, the fourth accused cut him on the left shoulder and left arm put with aruval and the fifth accused cut him on the right thigh and on the back of the right knee with aruval indiscriminately and as a result of the same he died instantaneously. In support of the same, the prosecution examined P. Ws. 1 to 16, filed Exs. P1 to 19 and marked M. Os. 1 to 6.

(3.) ON internal examination; ON exploration of wound No. 5 it is seen that the muscle, vessels and nerves on the nape of neck on left side is cut. ON further exploration, it is seen that the body of 7th cervical vertebra as well as the spinal cord at the level is cut. Thorax: Left third rib near its junction with costal cartilage is cut, corresponding to injury No. 1 right fifth rib is cut in its proximal l/3rd, corresponding to injury No. 2. Right fifth rib is cut in its posterior l/3rd, corresponding to injury No. 3. There was an incised wound of 1. 5 x 1/2 x 1 cm in the anterior surface of right middle lobe, corresponding to injury No. 2. There was also an incised wound of 1 x 1/2 x 1/2 cm on the anterior surface of left upper lobe near its medial border, corresponding to injury No. 1. P. W. 5 was of the opinion that injuries 3 and 5 to 10 could have been caused by a weapon like aruval and injury No. 1 could have been caused by cutting with a velknife. After stabbing on the right and left chest with velkambu, if aruval is used for cutting at the same spot, injuries 1 and 2 are possible. Injury No. 4 is possible, after being stabbed with spike, if aruval is used at the same spot. According to the age of injury no. 11, P. W. 5 has stated that it might have been 4 to 5 days prior to autopsy. All the injuries are grievous in nature and particularly injury Nos. 1, 2 and 5 are necessarily fatal. P. W. 5 was of the opinion that the deceased would appear to have died of haemorrhage and shock on account of the injuries to the lungs and spinal cord, corresponding to injuries 1, 2 and 5, about. 16 to 18 hours prior to autopsy. Ex. P3 is the postmortem certificate issued by him.