PANEERSELVAM Vs. STATE

JUDGEMENT

(1.) The appellant herein was the sole accused in S.C. No. 87 of 2006 on the file of the Additional District and Sessions Judge, Fast Track Court No. 4, Periyakulam. The appellant stood charged for the offence punishable under Section 302 (two Counts) read with Section 307 of IPC. By Judgment dated 24.09.2007 passed in S.C. No. 87 of 2006, the appellant was found guilty of the charges. As regards, sentence, the appellant was sentenced to undergo imprisonment for life for the offence under Section 302 (two counts) with fine of Rs. 10,000/- failing which to undergo rigorous imprisonment of one year. The trial Court also sentenced the accused/appellant to undergo rigorous imprisonment for a period of seven years for the offence under Section 307 of IPC together with fine of Rs. 5,000/- failing which to undergo rigorous imprisonment for a period of six months. However, the appellant was ordered to undergo the sentences for the aforesaid offence concurrently.

(2.) The deceased in this case was Indira (hereinafter referred to as D-1) and Veera Chinnu @ Pushpam (hereinafter referred to as D-2). D-1 is the wife of PW1. The case of the prosecution is that on 01.07.2005 at 5.30 am, near a public tap in Erasakkanayakkanur Village within the Police limit of Chinnamanoor, D-1 was fetching water. At that time, PW1 was standing near his house. The accused came there with a wooden log and starred at one Amsamary, Wife of Antony (PW2) who came to the public tap to fetch water. Apprehending danger, PW2 went inside her house. Thereafter, the accused came near D-1. When D-1 questioned the accused as to why he starred at Amsamary, he attacked D-1 with the wooden log on her head and face indiscriminately and she fell down. The deceased then ran towards Northern side. One Durai Raj Naidu and his son Gopal (PW3) have also witnessed the occurrence. On seeing the occurrence, PW1 rushed towards his wife/D-1 by raising an alarm and on hearing the same, one Jeyamani and Murugan came to the scene of occurrence. Thereafter, PW1 and others started chasing the accused by shouting to catch him. On hearing the same, Veera Chinnu @ Pushpam (D-2) a resident of Valluvar Street waylaid the accused. At that time, the accused gave a blow on the head and other vital parts of the body of D-2 with the very same wooden log. Unable to sustain those blows, D-2 fell down. When the accused was waylaid by one Selvam (PW6), Son of Paramasivam, he was also assaulted by the accused with the wooden log on the back side of his head and he sustained injuries. Thereafter, the accused ran away with the wooden log and he was chased by the Villagers. At that point of time, PW1 stopped chasing the accused and returned to his home at 6.00 am and saw that his wife (D-1) died due to the injuries sustained by her. Similarly, PW1 also learnt that Veera Chinnu @ Pushpam (D-2) also died due to the injuries caused by the accused. In connection with this incident, PW1 has given a complaint at 7.30 am and on receipt of the same, PW13, Women Sub-Inspector of Police attached to Chinnamanoor Police Station, registered a a case in Crime No. 186 of 2005 against the accused for the offences punishable under Section 302 and 307 of IPC. The copies of the first information report, Ex.P18 was sent to higher officials.

(3.) On receipt of Ex.P18, PW16, Inspector of Police reached the scene of occurrence at 9.00 am where D-1 was lying dead. PW16 prepared a observation mahazar attested by Mr. Rajasekara Pandian, Village Administrative Officer (PW8) and Mr. Paraman. He also drew a rough sketch on the spot. He also recovered sample soil and blood stained soil at the scene of occurrence. Thereafter, at about 9.30 am he proceeded to the occurrence spot where D-2 was lying dead and in the presence of the same witnesses, he prepared observation mahazar and rough sketch. PW16 also conducted inquest over the dead bodies between 10.00 am and 12.00 Noon in the presence of Panchayatars and prepared inquest reports. The inquest reports were marked as Ex.P31 and P32 respectively. Thereafter, he arranged to send the dead bodies for postmortem and accordingly, he gave requisition letters under Exs. P7 and P8 addressed to the Medical Officer, Uthamapalayam Government Hospital and sent the dead bodies through Head Constable, PW15 for postmortem PW16 also recorded the statement of Gopal, Angamuthu and Jeyamani. At about 3.15 pm on that day, PW16 went to the spot where Selvam, PW5 was assaulted by the accused and conducted an enquiry. PW16 also recorded the statement of Rajasekara Pandian (PW8), and Selvam (PW6) and Paraman and also drew a rough sketch there. When PW16 returned to the Police Station, the accused was handed over to the Police Station by Thangamuthu (PW4), Gopal (PW3) and one Jayamani. PW16 thereafter arranged to send the accused to remand and also recovered the blood stained wooden log under Form No. 95. PW16 thereafter remanded the accused to judicial custody.