SAIT SANTHANAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant accused has been convicted for an offence punishable under section 304, Part I, I.P.C., and was sentenced to rigorous imprisonment for two years by the learned Additional Sessions Judge, Tiruchirapalli, in Sessions Case No.5 of 1980 on his file. The allegation against the accused-appellant was that on 31st October, 1979 at 7 a.m. at Rajendram village, the accused caused the death of one Paramasivam by stabbing him with a knife.

(2.) The facts need narration. P. W.1. Sundaramurthi, and P. W. 2, Natarajan, and Paramasivam, the deceased, and P.W.4. Ramaswami, were brothers. The occurrence, which was on 31st October, 1979 was preceded by an earlier incident. The accused is alleged to have hit P.W. 5, Bagyathammal, mother of P. Ws. 1, 2 and 4 and deceased Paramasivam, on her mouth. That was 30th October, 1979 in the evening, P.W.5. Bagyathammal, reported the matter to P. W. 4. On the night of 30th October 1979 at about 7 p.m. P.Ws. 1 and 4 went in search of the accused to his house (admitted by P.W. 1). On seeing them, the accused took to his heels. On the next day, that is on 31st October 1979, at about 7 a.m. the accused went to take his usual tea at Varadarajans tea-stall which is opposite to the cycle shop run by P.W. 2. At that time, P.Ws. 1 and 2 and the deceased, brother of P.Ws. 1 and 2, were at the shop and. they gave a chase to the accused who ran for his life. According to the prosecution, the deceased caught him from behind. But according to the defence the accused fell down and all the three pounced upon him. The fact remains that he was caught and was manhandled and it was at that time the accused tock out a pen-knife and gave a stab on the chest of Paramasivarm, who succumbed to the injury aT little latter. A complaint was given by P.W.1. Sundaramurthi, and P.W.10, Sub-Inspector of Police, registered it in Crime No. 730 of 1979 under Section 302, I.P.C. P. W.11, Sengamalai, took up investigation. He went to the scene of occurrence and prepared an observation mahazar, Ex. P 8, and then a rough sketch, Ex. P16, and held inquest between 12 noon and 3 p.m. on 31st October, 1979 and prepared inquest report, Ex. P17. He then sent the body of Paramasivam for postmortem examination. P.W.3, Manoharan, Civil Assistant Surgeon attached to Government Hospital, Kulitalai, conducted autopsy on the dead body of Parmasivam and he found an incised gaping wound 11/2 x 2 cm. going deeper in the chest cavity and situated over the fourth inter costal space 4 c.m. medial to right nipple. Internal examination revealed that there was injury to the lung. In the view of the doctor, the deceased would appear to have died of shock and haemorrhage due to the injury to the right lung and that the injury to the right lung is necessarily fatal and that death should have been sudden. In the meanwhile, the accused has preferred a complaint, Ex. P. 15 and that was also registered by P.W. 11 in Crime No. 731 of 1919 under Sections 323 and 324, I.P.C. That complaint was later referred as non-cognizable. The accused was arrested on the 31st October, 1979 at 4.30 p.m. and a voluntary confession was given by the accused. Most unfortunately, neither the Public Prosecutor nor the learned Sessions Judge has cared to mark the admissible portion of the confession without which the recovery is not possible. A charge sheet was later laid.

(3.) The accused filed a statement. It is seen from the statement that P. W. 5; mother of the deceased and P.Ws. 1,2 and 4 came to his house and scolded him and that he made a sign to go away, but accidentally his hand fen on her mouth and that P.W.1 and P.W.4, Ramaswami, came to his house that night, that be ran away, that on the next morning as he was under the impression that there was a panchayat, P.Ws. 1, 2 and 4 and the deceased would not do anything he went to the tea-stall of Varadarajan, and at that time the deceased armed with a knife and P.W.2 armed with a cycle chain, chased him and that he opened a knife which was with him and ran away saying not to approach him and that as he was running P.W.2 hit him with a cycle-chain, that he fell down at the threshold of his house and P. W.2 hit him and the deceased Paramasivam caught hold of him and then he gave a stab, that the deceased was injured and that he stabbed in exercise of his right of private defence.