PICHAPILLAI Vs. STATE

JUDGEMENT

(1.) This appellant stands convicted and sentenced to undergo rigorous imprisonment for five years by the learned Additional Sessions Judge, South Arcot at Cuddalore in S.C. 13 of 1988 for the offence under Section 304 (II) Indian Penal Code. The facts of the case are in brief as follows :-

(2.) P.W. 11, the Inspector of Police Sanwarapuram, who received the message at 5.00 a.m. on 10-7-1987, came to the scene of occurrence and prepared the observation mahazar, Ex. P.3 in the presence of P.W. 5 at 6.00 a.m. He collected the blood stained mud M.O. 1 and the sample and M.O. 2 in the presence of the witnesses under mahazar Ex. F.4. He also prepared the rough sketch Ex. P. 18 for the scene of occurrence. He conducted the inquest and prepared inquest report, Ex. P. 19. The body was sent through P.W. 7 for doing post-mortem examination in the Government Hospital at Kallakurichi.

(3.) P.W. 6, the Medical Officer attached to the Government Hospital, Kallakurichi, received the requisition of the Inspector of Police, Ex. P. 5 on 10-7-1987 and conducted the post-mortem examination on the body of the deceased. She found a semilinear shaped injury 21/4 x 1/4 c.m. exposing the bones, over the back of the scalp left side, a contusion of 6 x 6 cm. over the lateral aspect of the scalp left side and in the left side of the face, lateral to the left eye, a constusion 1 x (1/2) c.m. The internal examination revealed fracture of the parietal bone, left side corresponding to the external injury No. 1 and laceration over the brain and another fracture in the temporal bone left side with clotted blood behind the scalp corresponding to the external injury No. 2. She was of the opinion that the death was due to shock and haemorrhage due to the head injuries, 18 to 22 hours prior to the post mortem examination. Ex. P.6 is the post-mortem certificate issued by her.P.W. 7 recovered M.O. 3 dhoti, M.O. 4 waist cord and M.O. 5 loin cloth from the body of the deceased for handing over the same to the Inspector of Police.