KULANDAISAMY Vs. STATE

JUDGEMENT

(1.) The Appellant is the accused in S.C. 93/86 on the file of Principal Sessions Judge, Tirunelveli. On trial, he was found guilty under Section 302, IPC convicted thereunder the sentenced to imprisonment for life.

(2.) Aggrieved by the said conviction and sentence, the present action had been resorted to.

(3.) Brief facts are :-a) The scene village going by the name Thalaivan Kottal is situate within the jurisdictional limits of Puliyankudi Police Station, 8 Kms., on the north east. One Anthonysami, (since deceased) and the accused hailed from the scene village. P.W. 1's husband viz., P.W. 2 and the accused are brothers. Further, P.W. 1 is related to the deceased, as his sister. P.W. 4 is the wife of the deceased P.W. 1 and the accused, it is said, reside at Aranmanai vasal street in the same village. Their houses are situate adjacent to each other. The house of P.W. 1 is situate on the eastern side, while the house of the accused is situate on the western side. The house of P.W. 1's father-in-law viz., Francis Veluchami Thevar, it is said, is also situate in the scene village, some distance away from her house.b) P.W. 1, it is said, had been rearing a milching cow. In her house, there is no cattle shed at all. Therefore, some how or other, she managed to keep the milching cow in her house. However, she used to tether the calf in the cattle shed of her father-in-law's house. It is more or less a daily routine for P.W. 1 to take the milching cow to the house of her father-in-law, both in the morning as well as in the evening for milching the Cow.c) On the day of occurrence, which event happened on 5-8-1985, as usual, she milched the cow by taking it to the house of her father-in-law and tethered the calf there itself. At about 7.00 p.m., on that day, her mother-in-law came and informed her that the accused objected to the tethering of the calf there and consequently he untied the calf and allowed it to go away from there. On hearing the same, she went in search of the calf and she was able to locate the same on the western side of her father-in-law's house. She caught hold of the calf, tethered it and took it to her house. At that time, the accused was stated to be standing adjacent to the house of her father-in-law. On seeing her, the accused abused her in filthy language and questioned the propriety of herself tethering the calf in the house of her father-in-law, and he also warned P.W. 1 that she should not tether the calf any further. P.W. 1 without making a fuss or much ado about what the accused said, was talking the calf to her house. The accused also followed her abusing her in filthy language. At that time, her husband P.W. 2, who as present there then, objected to the accused abusing his wife in a filthy language.d) P.W. 2 thereafter went to fetch his brother-in-law, the deceased, with a view to pacify the accused. The accused also was stated to have followed P.W. 2. Wielding a Palmyra stick in his hand. Obviously perceivering some sort of untoward occurrence to happen, P.W. 1 was also said to have followed the accused. The house of the deceased Anthonisami, it is said, is located one furlong away from the house of the father-in-law of P.W. 1. It so happened when she went near the house of P.W. 3, her husband P.W. 2 and the deceased were coming in the opposite direction. When both the deceased and her husband P.W. 2 neared the house of P.W. 3, the accused was stated to have picked up a quarrel with the deceased, stating that it was none of his business to interfere in a family dispute with the accused and so saying, with the palmyra stick he was having in his mind, inflicted a beating on the left parietal region of the deceased. Again, the accused was stated to have given another beating on the occipital region of the deceased. After receipt of those beatings, the victim deceased fell down. Thereafter, the accused was stated to have beaten with the same palmyra stick he was having four times on his right chest, proclaiming that he be done away with these beatings. At that time, P.W. 2 snatched Oonikambu M.O. 1 from a cart parked there and inflicted a beating with M.O. 1 on the nape of the neck of the accused. Thereafter, the accused ran away from there. At that time, the electric bulb in the front vasal of P.W. 3 was stated to be burning.e) The entirety of the occurrence as such, had been witnessed by P.W. 1 and 2. P.W. 3, in front of whose house the occurrence took place, was stated to have seen a part of the occurrence, in the sense of witnessing one of the beatings stated to have been given by the accused on the chest region of the deceased with palmyra stick. Similarly, P.W. 4, wife of the deceased happened to witness a part of the occurrence as P.W. 3, in the sense of the accused beatings the deceased with palmyra stick on his chest region.(f) P.Ws. 1, 2, 4 and others looked at the victim deceased, with a view to take him to his house. The victim deceased was then found to be unconscious.(g) P.W. 5, who was present there, was instructed to inform the Police over phone. He, in turn, reached Mullikulam in a bicycle at 8.00 p.m. and conveyed the message over phone to Puliyankudi Police station.(h) P.W. 14 was the then Sub Inspector of Police, Puliyankudi Police Station. On 5-8-1985 at about 8.00 p.m. while he was in charge of the station, he received a phone message from P.W. 5 relatable to the occurrence, in the sense of the victim - Anthonisami having been beaten by the accused and the said victim-deceased being in a state of unconsciousness. On receipt of the said message P.W. 14 entered the same in the general diary of the police station, P.W. 14, along with P.W. 13 went to the bus stand and engaged a van, bearing registration No. TDU 6895 of which P.W. 12 was its then driver, to go to the scene village. They reached the scene village in the said van at 8.30 p.m.(i) After reaching the scene village, P.W. 14 found the victim-deceased in a state of unconsciousness, besides not being in a position to speak. Consequently, he recorded Ex. P-1 statement from P.W. 1, attested by P.W. 2. Since the victim-deceased was in a precarious condition, he sent him in the same van to Government Hospital, Sankarankoil with the medical memo Exhibit P. 3, through P.W. 13 Head Constable. P.Ws. 1, 2 and 4, it is said, also accompanied the victim-deceased in the van to the hospital.(j) P.W. 14 returned back Puliyankudi Police Station at 9.30 p.m. and after reaching the police station, he registered a case, on the strength of Exhibit P. 1 in crime No. 284 of 1985 for an alleged offence under Section 307, IPC. Exhibit P. 15 is the printed first information report. He despatched Exhibits P. 1 and P. 15 through the Constable P.W. 15 to the Court of Judicial Second class Magistrate, Sankaran koil, Ex. P. 17 is the passport.(k) P.W. 17 was the then Inspector of Police, Puliyankudi circle. He reached Puliyankudi police station at 10.30 p.m. He got a copy of the first information report from P.W. 14 and took up further investigation on the case. He reached the scene village at 11.00 p.m. He inspected the scene in the presence of P.W. 10. He prepared an observation mahazar, Exhibit P. 10. He also drew a rough sketch of the scene. Exhibit P. 18. At 12.00 mid night, he seized from the scene blood stained earth M.O. 6, sample earth M.O. 7, M.O. 1 Oonikambu and the electric bulb M.O. 3 burning in the front vasal of P.W. 3 under Exhibit P. 11 mahazar. Exhibits P. 10 and P. 11 were attested by P.W. 10 and another.(l) In the meantime, the victim-deceased, who had been despatched to Government Hospital, Sankarankoil, for the purpose of treatment, had been admitted at the Government Hospital, Sankarankoil by P.W. 7, the then Civil Assistant Surgeon, attached to the said hospital. The said Doctor treated him for the injuries. Exhibit P. 4 is the wound certificate issued to the victim-deceased. Since the victim deceased was in a critical condition, he was referred to Tirunelveli Medical college Hospital Tirunelveli for further treatment and management.(m) P.W. 8 was the then Civil Assistant Surgeon attached to Tirunelveli Medical College Hospital, Tirunelveli. While he was on duty at 11.40 p.m., on 5-8-1985, the victim deceased was referred to for further management and treatment and he, in turn, admitted the said victim deceased in the hospital as an in-patient. At that time, the said victim deceased was found in a state of unconsciousness. Exhibit P. 5 is the copy of the accident register he issued to the victim-deceased.(n) The victim admitted in the Tirunelveli Medical College Hospital breathed his last at 00.30 hours on 6-8-1985 and the Doctor P.W. 6 the then Civil Assistant Surgeon attached to Tirunelveli Medical College Hospital sent Exhibit P. 2 death intimation to the out post police station.(o) On 6-8-1988, at about 8.00 a.m. P.W. 14 received Exhibit P. 2 death intimation through P.W. 13. He, in turn, altered the case into one under Section 302, IPC and prepared express reports and sent the same to the concerned officials. Exhibit P. 16 is the copy of the express first information report sent to the Judicial Magistrate's Court, Sankarankoil.(p) On 6-8-1985 at about 11.00 a.m. while P.W. 17 was available in Tirunelveli Medical College Hospital, P.W. 14 met him there and handed over the copy of the express first information report. He then held inquest over the body of the deceased between 11.00 a.m. and 2.30 p.m. Exhibit P. 19 is the inquest report. During inquest, he examined P.Ws. 1 to 4. He also seized M.O. 2 blood stained black shirt from P.W. 2, besides seizing M.O. 4 blood stained saree and M.O. 5 blood stained Pink coloured shirt from P.W. 4. He sent the body of the deceased through the constable P.W. 16, along with Exhibit P. 12 requisition, for the purpose of autopsy. (q) The Doctor P.W. 11 was the then Professor of Forensic Medicine, Tirunelveli Medical College Hospital Tirunelveli. On receipt of Exhibit P. 12 requisition, he commenced autopsy over the body of at the deceased at 2.55 p.m. Exhibit P. 13 is the post mortem certificate he issued. He would opine that the deceased would appear to have died of shock and haemorrhage due to head injuries sustained by him. He would further opine that the injury he found on the head of the deceased was sufficient in the ordinary course of nature to cause death.(r) After the autopsy was over the Constable P.W. 16 seized from the body M.O. 8 blood stained banian, M.O. 9 lungi and M.O. 10 half trouser and handed over them at the police station.(s) On the evening of the same day, P.W. 17 the Inspector of Police went to Thalaivankottai and examined P.W. 5 and others. He then proceeded to Puliyankudi and examined P.W. 12. Exhibit P. 14 is the trip sheet of the van bearing Registration No. TDU. No. 6895. He searched for the accused and he was absconding. On 7-8-1985 he examined P.Ws. 10, 13, 16 and others. On 8-8-1985 he came to know that the accused surrendered before Special Judicial Magistrate, (Prohibition and Excise), Tirunelveli. On 19-8-1985, he examined P.W. 11. On 11-9-1985 e examined P.Ws. 6 to 8. On 13-9-1985 he sent Exhibit P. 6 requisition to the Judicial Magistrate, Sankarankoil, for the purpose of sending the incriminating material objects to chemical examiner.(t) P.W. 9 was the then Head Clerk attached to the Judicial Magistrate, Sankarankoil. On receipt of Exhibit P. 6 requisition, pursuant to the directions from learned Magistrate, he separately packed and sent the material objects to the Chemical Examiner for the purpose of analysis under the Original of Exhibit P. 7, office copy of the letter. Exhibits P. 8 and P. 9 are respectively the reports of the Chemical Examiner and the serologist.(u) P.W. 17 on completing the formalities of the investigation, laid a final report under Section 173(2) Cr. P.C. before Judicial Magistrate, Sankarankoil, on 17-9-1985 against the accused for an alleged offence under Section 302, IPC.