ADAMBAVA MOHIDEEN Vs. STATE OF TAMIL NADU REB

JUDGEMENT

(1.) FOR having caused the death of Anbu, by fisting him on his neck at or about 2 p. m. on 1. 7. 1988, at a place adjacent to entry gate of vinayaga Industries, Virugambakkam, appellant Adambava Mohideen was charged under Sec. 302 I. P. C. in S. C. No. 173 of 1988 on the file of Court of Sessions, chengalpattu.

(2.) ON conclusion of trial, appellant was found guilty under Sec. 304 (II), I. P. C, and sentenced to undergo rigorous imprisonment for five years.

(3.) P. W. 7 Dr. Neela Govindaraj commenced autopsy on the dead body at 11-30 a. m. on 2. 7. 1988 and found the following injuries:- ' ; 1. Sub conjunctival haemorrhage transversely placed on both canthi, more intensely on the outer canthus of right eye. 2. Abrasion with loss of cuticle 1. 5 x 0. 5 cms along the iliac crest 3 cms. behind the anterior superior iliac spine on the left side. 3. Punctuate abrasions along the costal margin on right side over a length of 4 cms. starting 5. 5 cms from midline. 4. Cresentric abrasion 6 x 0. 2 cms over right costal margin. 12 cms from midline 5. Punctate abrasions 4 in number in a semi circular pattern on the lateral aspect of right lumbar region 3 cms above the iliac crest and below the costal margin. 6. Abrasion with loss of citicle with contusion 1. 5 x 0. 5 cms over postero-lateral aspect of left side neck 7 cms behind the clavicle at the level of thyroid cartilage. 7. Irregular abrasion 1. 8x1 cm over right cbeek below and lateral to right eye extending from the outer border of right lower eyelid to malar prominence. 8 An obliquely placed abrasion 1 x 0. 5 cms, 1 cm above right eyebrow and 1 cms from midline. 9. Abrasion with contusion 0. 3 cms x 0. 3 cms above the lateral end of right clavicle. 10 Contusion of scalp 2. 5 x 1. 5 cms over the right frontal area close to hair margin 9 cms above the lateral end of right eyebrow 7 cms from midline. Diffused contusion over the top of head close to midline on right side. Contusion of scalp over the left occipital region 1 cm from midline 8 cms behind the left ear. 11. Brain shows subdural haemorhage on the entire surface of brain with diffuse sub arachnoid haemorrhage, more intensely over fronto-parietal lobes, lateral surface of tempro-parietal lobes, under surface of frontal and temporal lobes and at the base over circle of wills region and over the inferior surface of cerebellum.' ; In the opinion of the Doctor, deceased would appear to have died of head injuries sustained by him. Injury No. 10 describing the left occipital contusion could have been produced if a person happened to fall flatly being pushed down by another on a cement platform. The three contusions found on the scalp either by itself or in a combination could have produced the haemorrhage described in injury No. 11. The abovesaid injury was sufficient in the ordinary course of nature, to cause death. Death should have occurred 20 to 24 hours prior to the post mortem.