MUTHUVEL Vs. STATE

JUDGEMENT

(1.) This criminal appeal is filed against the judgment dated 23.04.1998 of the learned Additional Sessions Judge, Dindigul in S.C. No. 73 of 2005, by which the appellant was found guilty of the offence punishable under Sections 302 I.P.C and sentenced to undergo life imprisonment.

(2.) The case of the prosecution is as follows: The appellant had mortgaged his property to the deceased. The deceased asked the appellant to repay the mortgage amount. But, the appellant attempted to resume the land without paying the mortgage amount, so there was enmity between the two. On 24.11.1995, at about 04.30 p.m., near Pattalammal Koil, Puduputhur road, the appellant with an aruval approached the deceased. The deceased tried to escape. But, the appellant cut the deceased near the left ankle, which resulted in his death. P.W.1, the eye witness is the brother of the deceased. The wife of the deceased and the wife of the accused are sisters. P.W.1 has spoken about the motive viz., the enmity between the parties on account of appellant's refusal to return the mortgage amount. According to P.W.1, the deceased gave a complaint to the police and the police warned the appellant/accused and sent him away. Consequently, there was enmity between the deceased and the appellant. On 24.11.2005, P.Ws. 1, 2 and 3 and the deceased went to work in their lands. They were returning at 04.30 p.m., after planting wheat and carrot. Near Pattalammal Koil the deceased was going ahead of P.Ws.1 to 3. The appellant approached with an aruval and threatened the deceased. The deceased immediately dropped the agricultural implements and attempted to run away. But, the accused cut the deceased in his left ankle with a hard blow. The deceased fell down. The appellant ran away with the aruval. There was heavy blood flow from the wound. P.W.1 raised a hue and cry. Thereafter, one Vellaiyan, Suppan and others came there and all of them took the injured person to the house. They informed the wife of the deceased and tied a cloth on the ankle to arrest the blood flow. Thereafter, they decided to take the deceased to the hospital and to go to the police station, with the help of P.W.5 and another. When they reached the place at Kollamanam, the deceased asked for water. They gave him some water and soon after he died. At that time, it was 05.00 p.m. Thereafter, they took the dead body back to the house. Since there was no bus facility in the night, they took the first bus in the morning and at 08.30 a.m., P.W.1 gave the complaint Ex.P.1 to the Kodaikanal Police Station. P.W.10, who was the Sub-Inspector of Police at Kodaikanal Police Station received the complaint and registered a case under Section 302 I.P.C in Crime No. 434 of 1995. The printed copy of F.I.R is Ex.P.12. P.W.10 forwarded the printed copy of F.I.R to the higher authorities viz., the Inspector and the Court. P.W.11 is the Head Constable in Kodaikanal Police Station to whom the printed F.I.R was handed over by P.W.10. P.W.11 handed over the same to the D.S.P at 10.30 a.m. Since Judicial Magistrate, Kodaikanal was not in station, P.W.11 went to Judicial Magistrate, Nilakottai and handed over the same. P.W.12, the Inspector of Police in Kodaikanal Police Station at the relevant point of time, on receipt of the F.I.R at 09.00 a.m., rushed to the scene of occurrence at 11.00 a.m. In the presence of witnesses, he prepared Observation Mahazar (Ex.P.2) and Rough Sketch (Ex.P.13). He also seized blood stained earth and sample earth under Ex.P.3 at 02.00 p.m. P.W.12 in the presence of witnesses, conducted inquest over the dead body of the deceased at about 02.45 p.m., and the Inquest Report is Ex.P.14. He recorded the statement of witnesses at 05.30 p.m., On conclusion of the inquest, he sent the dead body of the deceased with a requisition for conducting Post Mortem. P.W.7 was the duty doctor at Kodaikanal Government Hospital. On 26.11.1995, P.W.7 conducted autopsy on the body of the deceased and found the following injuries:

(3.) Continuing the investigation, P.W.12 seized blood stained blanket, shawl, three blood stained white cloth and one cloth from the scene of occurrence. He also recorded statements from the witnesses. On 26.11.1995, he recorded the statements of some more witnesses. On 27.11.1995, at about 05.00 a.m., accompanied by one Alagar, he went in search of the appellant and near Poombarai bus stop, he arrested the appellant in the presence of P.W.6 Village Administrative Officer. The appellant came forward with a voluntary confession and the admissible portion of the same is Ex.P.5. On the basis of the information given by the appellant, he recovered Aruval (M.O.1) and Polythene bag (M.O.11) from the bushes. At about 10.30 a.m., he returned to the Police Station. He seized the blood stained lungi worn by the appellant and gave him another lungi to wear. He recorded the statement of witnesses. On 28.11.1995 he forwarded the seized Material Objects for Chemical Analysis.