RAKKIA GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant along with his wife A-2 was charged for an offence punishable under Sections 302 and 302 r/w 109 ipc. On conclusion of the trial, the second accused was acquitted of the charge levelled against her. The appellant first accused alone was convicted for an offence punishable under Section 304 (II) IPC and sentenced to undergo rigorous imprisonment for five years. Aggrieved against that the present appeal.

(2.) THE case of the prosecution is that the deceased is the coparcener of the appellant. The parents of the deceased were having 1/6th share of the property. While grazing the cattle, there was wordy quarrel between the wife of the appellant and the deceased on previous occasions and in pursuance of which, on 25. 03. 2000 at about 5. 00 pm the appellant armed with a knife (soori kathi) alleged to have stabbed the deceased on his chest, resulting in his death.

(3.) P. W. 1 to P. W. 3 were examined as eye witnesses in the case. P. W. 1 is the daughter of the deceased. P. W. 2, the child witness, is the grand son of the deceased and P. W. 3 is the servant of the deceased. P. W. 4 is the Village administrative Officer (VAO), who speaks about the arrest and recovery. P. W. 5 is the photographer. P. W. 6 is the postmortem Doctor who has conducted the postmortem on the dead body of the deceased on 26. 03. 2000 at 11. 15 a. m and found the following injuries: "external injuries: 1) Stab wound 4 cm x 2 cm x 16 cm on the right side of the chest, 7 cm above and 2 cm medial to the right nipple. The wound goes downwards posteriorly and medially. 2) Incised wound 1 + cm x + cm x 1 + cm on the right lateral aspect of chest. 10 cms below and lateral to the right nipple. " the Medical Officer is of the opinion that the deceased would appear to have died of shock and haemorrhage due to the injury to vital organs lungs and liver. Ex. P-7 is the postmortem certificate. It has been further opined that all internal injuries would be the result of the injury No. 1, which could be caused by a weapon like M. O. 6. Injury No. 2 is superficial in nature. Injury No. 2 may be caused by a person slipping down on a sharp object on the ground. P. W. 7 is the police constable who has delivered the FIR to the investigating officer. P. W. 8 is the postmortem constable. P. W. 9 is the police constable working in the out post government Hospital, Erode, who intimated the death of the deceased. The death intimation is Ex. P-11. P. W. 10 is the magistrate Court Clerk. P. W. 11 is the Sub Inspector of police who received the complaint from P. W. 1 on 25. 03. 2000 at about 8. 00 p. m and registered a case in Crime No. 116 of 2000 under Section 302 r/w 34 IPC. Ex. P-8 is the FIR. P. W. 12 is the Inspector of Police who took up investigation. On receipt of Ex. P-8 on 25. 03. 2000 and on receipt of the death intimation from P. W. 9, he visited the scene of occurrence and in the presence of P. W. 4, prepared the observation mahazar-Ex. P-2 and rough sketch-Ex. P-18. Thereafter on 26. 03. 2000 between 6. 30 p. m and 9. 30 p. m examined P. W. 1 to p. W. 3 and conducted inquest over the dead body of the deceased. Ex. P-17 is the inquest report. The dead body of the deceased was sent for postmortem through P. W. 8 with the requisition Ex. P-6. M. Os. 2 to 5 blood stained earth, sample earth and blood stained chappals, respectively have been recovered under Ex. P-3 mahazar. He has arrested the accused and recorded his statement Ex. P-4 leading to recovery of m. O. 6, blood stained knife, under a cover of mahazar-Ex. P-5. P. W. 12 after examining the other witnesses and observing the formalities filed the final report for an offence punishable under Section 302 r/w 34 IPC.