ANANDAN Vs. STATE

JUDGEMENT

(1.) The Appellant/accused who was tried for an offence punishable under S. 302 IPC before the learned Principal Sessions Judge, North Arcot District at Vellore, in S.C. No. 140 of 1988, has come forward with this appeal challenging the Correctness and validity of the Judgement of conviction and sentence rendered against him by the learned Sessions Judge on 24-2-1989, finding him guilty for the offence under Section 304(II) IPC and thereby sentencing him to undergo rigorous imprisonment for a period of five years.

(2.) It is stated that one Balakrishnan, examined as P.W. 1 and Chandrasekaran, the deceased are the sons of one. Venkatachalam, a resident of Vakkanampatti Village, near Jolarpet were engaged in manufacturing beedies out of the tobacco leaves for the cost of labour being supplied by one Govindaraj of the same Village. The appellant/accused by name Anandan was also doing the same job like P.W. 1 and his brother. P.W. 2 is the wife of P.W. 1 P.W. 3 is the elder sister of the above said employer by name Govindaraj and all are the residents of the same village in the same locality. The prosecution claims that there was no prior or existing enmity or misunderstanding among themselves. The occurrence in this case is said to have happened on 2-1-1988 at or about 9.30 p.m., a few feet away from the house of the said Govindaraj. Just before the occurrence, it was stated that P.Ws. 1 and 2 had been to the house of Govindaraj situated in Ariya gounder street, Vakkanampatti and were talking with P.W. 3 in the front vasal in the shine of the tube light that was on in the street at that time. They were there at that time in order to get the beedi leaves for next day's work. The deceased Chandrasekaran was also waiting to get the beedi leaves from Govindaraj and since he was not available, he was sitting in the pial of the opposite house. At that time the appellant said to have gone to the said place and asked for the supply of beedi leaves from P.W. 3. P.W. 3 had refused to supply the same for the reason that he had not at ended the work previously and had stated that since her brother Govindaraj was not available, without his consent she would not concede to his request. This resulted in a wordy quarrel among the two and at that time it was claimed that the deceased intervened and asked P.W. 3 as to why she was talking with him and directed her to go inside. Accepting this, P.W. 3, went inside the house. After the deceased Chandrasekaran left the place and crossed about 20 to 30 feet from the house of P.W. 3 and when he was nearing the vacant land belonging to one Kottapuliyan, the appellant/accused followed him, pulled his hand from the back and questioned him as to why he supported P.W. 3. When the deceased turned towards the appellant, the appellant took out a knife M.O. 3 from his shirt pocket and stabbed on the chest of the deceased Chandrasekaran. On witnessing this overt act of the appellant, P.Ws. 1 and 2 approached the accused and deceased by shouting. On hearing this shouting, P.W. 3 also came out of the house and saw the injured victim lying on the ground and P.W. 1 pressing a towel on the left chest of the victim P.Ws. 1 to 3 have narrated the said facts in detail. Then, P.W. 1 lifted the deceased upon his shoulder to some distance as the said place was not wide enough for any vehicle to come there but however, in the middle not able to lift him further, he placed the victim in the pial of one Govindasamy where the blood stains were found spread. On getting, a car P.Ws. 1 and 2 along with his father brought the injured Chandrasekaran to the Government Hospital, Tiruppattur at about 10 p. m. on that day, where the doctor examined him and found him dead already. Accordingly, his body was placed in the mortuary. P.W. 1 then rushed to Jolarpet Police Station, where P.W. 10, the Sub Inspector of Police, at about 11 p.m. on that day received the complaint Ex. P. 1 given by P.W. 1 and registered it in Jolarpet P.S. Crime No. 2 of 1988 for the offence under S. 302 IPC and prepared the printed FIR Ex. P. 2 and then sent the FIR and express report to the Court and higher officials and proceeded to the scene of crime immediately.

(3.) P.W. 11 the Inspector of Police, Jolarpet Circle, on getting the information of the registering of this Case at about 1 a.m. on 3-1-1988 took up investigation and had been to the scene of Crime. At about 4 a.m. in the presence of P.W. 9 and another Govindasamy, he has inspected the scene of Crime and prepared the observation mahazar Ex. P. 15 attested by the said two persons. The rough sketch prepared by him regarding the topography of the scene of crime has been marked as Ex.P. 17. Then, at about 5 a.m. from the pial of the house of one Govindasamy P.W. 11 recovered the blood stained portion of the cement flooring M.O. 6 and the sample cement mortar M.O. 7 under the cover of Ex.P. 16 test by P.W. 9 and another. Then, he had been to the Government Hospital, Thiruppattur and where he conducted the inquest over the corpse between 6 a.m. and 8 a.m. in the presence of Panchayatdars and prepared the inquest report Ex. P. 18. He examined P.Ws. 1 to 3 and others during the inquest. Then, with a requisition Ex. P. 5 to conduct the autopsy over the dead body, he has despatched the same to the doctor through P.W. 7. On getting the requisition along with the dead body through P.W. 7, P.W. 6 Dr. Sewarajan, attached to the Government Hospital Tiruppattur, conducted the autopsy over the dead body at about 10.30 a.m. on 3-1-1988 and during the autopsy, he found the following injuries upon the deceased :"