LAWS(MAD)-1997-7-33

KUMAR Vs. STATE

Decided On July 10, 1997
KUMAR Appellant
V/S
STATE BY INSPECTOR OF POLICE SAIDAPET Respondents

JUDGEMENT

(1.) THE accused before the learned Principal Sessions Judge, Madras , in S. C. No. 114 of 1987, convicted for the offence under Sec. 302. I. P. C. and sentenced to life imprisonment, by judgment dated 7. 12. 1987, have preferred this appeal, canvassing the said judgment for its correctness and validity.

(2.) THE deceased by name Jinna alias Krishnamoorthy is the second son of P. W. 1 and P. W. 2 is his wife. P. W. 3 and one Kannan were the other sons of P. W. 1. THE deceased Jinna and P. W. 2 were living separately. P. W. 2 used to throw sullage water of her house near a Corporation latrine which was situated in front of her house. THE second accused is stated to have been tethering his cows near the said latrine. On 3. 3. 1987 when P. W. 2 threw sullage water near the latrine, a portion of the same was said to have splashed and fell on A who was standing near the latrine, which resulted in A2 abusing P. W. 2 in vulgar language. In the after noon , P. W. 2 reported the matter lo the deceased when he returned from his office. THE deceased however pacified P. W. 2 by saying that he would speak to A-2 later. In this back drop, on 7. 3. 1987 at about 9 p. m. , the deceased and P. W. 2 went lo a near by Vinayagar temple and after the worship of the deity, they were talking in front of the temple which is very near to their house. P. W. 3 by name Moorthi joined them and all the three were talking among themselves. It was at that time, by 9. 15 p. m. the prosecution claims, that both the accused came there and the deceased asked A2 as to why heabused his wife P. W. 2. Though he replied, a wordy altercation had ensued between them. THE first accused thereafter, took out the knife M. O. 6 from his waist and stabbed the deceased on his left flank three times. THE second accused took out the knife M. O. 7 and stabbed the deceased on the back. THE first accused again stabbed the deceased and the stab fell on A2's head. As P. Ws. 2 and 3 the deceased raise alarm, both the accused ran away taking with them the blood stained knives. THE deceased then went towards P. W. 1's house. P. W. 1 also heard the alarm when the deceased shouted that he was stabbed by both the accused near the temple. An autorickshaw was brought and the deceased was taken in the autorickshaw by P. Ws. 2 and 3 to the Government Royapettah hospital, where, P. W. 6, the Casuality Medical Officer examined the deceased at 10. 20 p. m. and he was informed by the deceased that he was stabbed by two known persons. D. W. 6, the Causality Medical Officer, When examined the deceased then, found the following injuries, (1) An open stab wound 5 cms. x 4 cms on the lower portion of the left iliec region with intestines exposed. (2) An incised wound 10 cms x 1/4 cm on the anterior abdominal wall from the right iliac fossa to the left iliac fossa. As the patient was in a state of shock, P. W. 6 started the treatment immediately and ex. P. 8 is the copy of the Accident Register. P. W. 7, THE doctor attached to the government Hospital, also examined the deceased. He took him to the operation theatre and gave him surgical treatment. During surgery, P. W. 7 found an incised wound across the middle of the abdomen with prolapsed bowels, and there was collection of blood in peritoneum. THEre were three perforating injuries on the ileum. THE mesentery was punctured in four places near its attachment. THEre was also a perforation in jejunam and there was an esentric and retroperitoneum haematoma. Meanwhile, A2 went to Saidapet Police Station and at about 10 p. m. preferred a complaint.

(3.) AN oblique sutured wound 6 cms in length with 4 sutures over left hypochondrium. The inner end is 4 cms away from midline and the outer end is 3. 5 cms. below the injury No. 2.