AARI GOWDER Vs. STATE

JUDGEMENT

(1.) THE appellants were tried as A. 1 to A. 3 before the learned District and Sessions Judge, Udagamandalam, in S. C. No: 46 of 2004. By judgment dated 19. 01. 2005 they were convicted for the offence under Section 341 I. P. C. and sentenced to undergo simple imprisonment for one month and was imposed a fine of Rs. 200/-, in default to undergo simple imprisonment for one week. They were also convicted for the offence under Section 364 I. P. C. and sentenced to undergo seven years RI and was imposed a fine of Rs. 20,000/-, in default to undergo one year simple imprisonment. They were also convicted for the offence under Section 302 I. P. C. and sentenced to undergo imprisonment for life and was imposed a fine of Rs. 50,000/-, in default to undergo one year simple imprisonment. All the imprisonment were directed to run concurrently and the fine amounts were directed to be paid to the wife of the deceased as compensation. Questioning the above conviction and sentence, the present appeal has been filed.

(2.) BEFORE the trial Court, apart from A. 1 to A. 3 five other accused were also tried for various offences. But they were acquitted. In nutshell, the case of the prosecution is that, the deceased Ravi and P. W. 1 Murthy were on board in the bus bearing Registration No: TN 43 0098 to go to Uthagamandalam from Kapachi. When they had taken their seats, A. 1 to A. 3 along with 50 unknown persons entered into the bus and asked both P. W. 1 and the deceased to get down from the bus. The deceased refused to get down from the bus as he was not well and accordingly, he told those persons. As the deceased refused to get down from the bus, he was assaulted by A. 1 to A. 3 and others. The deceased came to his house at about 9. 00 p. m. and his wife, P. W. 5, asked him as to why he was looking very tired. He told her that he was beaten up by A. 1 to A. 3 and 15 others in the bus. Thereafter, A. 1 to A. 3 came to the house of the deceased and took him along with them. The deceased did not return to the house for the whole night. He was found lying near a transformer and the same was noticed by one Mohan who brought the deceased to his house. The deceased informed his wife P. W. 5 that he was attacked by A. 1 to A. 3 and some more persons with hands and legs on his chest. As he was not feeling well due to the attack, he was taken to the hospital by his wife P. W. 5 along with one Natraj and Murthy P. W. 1. As the deceased did not respond to the treatment, he died on the morning of 30. 11. 1998.

(3.) WHEN the injured was brought to the hospital, he was first seen by the Doctor P. W. 6. The Doctor found the injured conscious, who informed the Doctor that he was assaulted by 150 known persons with hands at 12. 00 noon at 28. 11. 1998. P. W. 6 admitted the injured as an in-patient and sent an intimation Ex. P. 2 to the police. P. W. 10 is the Head Constable attached to the Rural Police Station, Uthagamandalam, who, on receipt of the intimation from the hospital, went to the hospital and recorded the complaint, Ex. P. 12 at about 7. 30 a. m. on 30. 11. 1998. He returned to the police station and registered the complaint in Cr. No: 344 of 1998 for the offence under Sections 147, 148 and 302 I. P. C.