RAVIRAJAN Vs. STATE

JUDGEMENT

(1.) The above appeal arises out of the Judgment of the learned II-Additional Sessions Judge, Salem, in S. C. No. 64/90 D/- 27-7-90.

(2.) The Accused/Appellant herein was charged under S. 302, I. P. C. for having allegedly killed one Khalyboy Shahnawaz on 22-5-89 at about 10.00 p.m. in front of the Durga Hotel near Anna Statue, Salem. The learned Sessions Judge found the accused guilty under S. 304, Part II and convicted and sentenced him to undergo rigorous imprisonment for 3 years. As against the said judgment, the above appeal has been filed.

(3.) The case of the above appeal has been filed, Mohan is resident of Salem who is running a cool drink stall in the portion of the Durga Hotel situated near the bus stand of Salem Town. Both the accused Ravirajan as well as one Ravi were employed as helpers under him on daily wage basis and that the accused was working for the past 11/2 years. PW 2 is therefore known to the accused and Ravi and PW 3 is the owner of the Beeda stall which is situated adjacent to the shop of PW 2. Before being employed by PW 2, the accused was in Madras and he was introduced by one Ravi to PW 2, PW 2 also knows PW 4 Prakash who used to come to the Beeda stall. One Khalyboy is the resident of Salem Fort. He used to come to the bus stand and also to the shop of PW 2. It appears that Ravirajan the accused had given some money to Ravi while he was working at Madras and that Ravi had not repaid the amount to Ravirajan. The deceased Khalyboy who was not having any employment used to be loitering in the bus stand and it appears that the accused had sought the help of Khalyboy for recovery of money due to him from Ravi and PW 4. On the date of incident when PW 2 was sitting in the cool drink stall, the accused was working in the shop and Ravi and the deceased Khalyboy were standing outside the stall talking among themselves and they were making fun of the accused and when the accused enquired Ravi as to what they were talking about Khalyboy had shouted at the accused as to whether he was bold enough to question and whether he could collect the money from Ravi and others. Kkalyboy also appears to have questioned the accused as to how dare he threaten Ravi and others demanding money. It is further alleged that the accused left the shop of PW 2, went and caught hold of the deceased by his shirt, took out M.O. 1 pen knife from his pant pocket and stabbed Khalyboy on his abdomen twice. Khalyboy fell down and the accused ran away with M.O. 1 knife and Ravi, PW 4 and others brought an autorickshaw and took the injured Khalyboy to Goverment Hospital, Salem. PW 5 is the Civil Asst. Surgon attached to Govt. Hospital Salem and according to his evidence, on 22-5-1989 at about 10.30. One Ravirajan brought who was found already dead with injuries on his chest. He made entries in Ex. P.5 Accident Register. He prepared P.6 and P.7 intimation report about the unnatural death and sent the report to the Hospital Police Station, PW 11 is the Inspector of Police, Salem Town. On having received message at about 4.30 a.m.on 22-5-1989, he took up the investigation and went to the scene of occurrence. M.O. 5 torn shirt was found lying in the scene of occurence and there was also blood stain in the tar road. He prepared Ex. P3 Mahazar, seized M.O. 5 shirt, M.O. 6 series of blood stain Karai, M.O. 7 serious of sample karai under P.4 mahazar in the presence of PW 1 Village Administrative Officer. He held inquest over the body at Govt. Headquarters Hospital on 22-5-1989 at about 6.00 a.m. and examined PW 2 Mohan, PW 3 Sathiyaseelan PW 4 Prakash and others. Ex. P. 17 is the inquest report and he sent the dead body to the constable attached to the town police station for post mortem examination.