PANNEER ALIAS THACHINAMURTHY Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional District and Sessions Division, Fast Track Court No.II, Tindivanam made in S.C.No.68 of 2007, whereby the appellants three in number stood charged under Sections 341 and 302 IPC and A-2 was also charged under Sections 323 and 325 IPC and A-3 was also charged under Section 323 (2 counts) IPC and tried. On trial A-1 was found guilty under Sections 341 and 302 IPC, A-2 was found guilty under Sections 341, 302, 323 and 325 IPC and A-3 was found guilty under Sections 341, 302 and 323 (2 counts) IPC. A-1 to A-3 were sentenced to pay a fine of Rs.500/- each in default to undergo one week S.I. each under Section 341 IPC. A-1 to A-3 were further sentenced to undergo life imprisonment each and to pay a fine of Rs.2000/- each, in default to undergo 6 months R.I. under Section 302 IPC. A-2 was directed to undergo 6 months R.I. and to pay a fine of Rs.1000/-, in default to undergo 3 months R.I. under Section 325 IPC. Further, A-2 for the offence under Section 323 IPC and A-3 for the offence under Section 323 (2 counts) IPC were sentenced to pay a fine of Rs.500/- for each count, in default to undergo 2 months R.I. for each count. The sentences were ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:a) THE deceased Vijayan is the son of one Ranganatha Gounder, who had three brothers, namely Perumal, Parasuraman and Arumugam. P.W.5 is the son of the said Arumugam. All the three accused are the sons of Parasuraman. P.W.1 is the brother of the deceased. P.W.2 is the mother of P.W.1. P.W.3 is the wife of Perumal. On 20.03.2006, the cattle of Parasuraman, examined as D.W.7, were grazing in the land of Arumugam and the members of Parasuraman family beat Arumugam on 20.3.2006. Again P.W.5 was beat by the members of Parasuraman family on 23.10.2006 at 4.30 p.m. When it came to the knowledge of P.W.1, he along with P.W.4 proceeded to the place to enquire about the same. Further, when it came to the knowledge of P.Ws.2 and 3, they also came near the place of occurrence at 5.30 p.m. At that time, the deceased Vijayan was coming in his motor cycle near the place of occurrence. He was restrained by A-1 to A-3, who were armed with wooden logs and they attacked the deceased indiscriminately. When P.Ws.2 and 3 intervened, A-1 to A-3 beat them and caused injuries to them. A-2 and A-3 went away from the place of occurrence and A-1 also took away the motor bike of the deceased. b) P.Ws.2 and 3 went to the Government General Hospital, Pondicherry, while P.Ws.1 and 4 took the severely injured Vijayan to the Government General Hospital, Pondicherry, where the Doctor, who examined the said Vijayan, declared him dead. P.Ws.2 and 3 were admitted as inpatient. P.W.1 came to Vanur Police Station and gave a written complaint Ex.P.1 to P.W.17, the Sub Inspector of Police, who registered the case in Crime No.238 of 2006 under Sections 341, 323, 324 and 302 IPC. Ex.P.13, the F.I.R. was despatched to the Judicial Magistrate concerned. c) P.W.18, the Inspector of Police, on receipt of the copy of the F.I.R., took up the investigation, proceeded to the spot and made an inspection in the presence of the witnesses. He prepared Ex.P.2, the observation mahazar and Ex.P.15, the rough sketch. He also conducted inquest on the dead body of the deceased in the presence of the witnesses and panchayatdars and prepared Ex.P.14, the inquest report. THEn, the dead body was sent for the purpose of post-mortem.d) P.W.13, the Doctor attached to the Government Hospital, Puducherry, on receipt of the requisition, has conducted autopsy on the dead body of the deceased and has issued Ex.P.8, the post-mortem certificate, wherein he has opined that the deceased would appear to have died of shock and haemorrhage due to the injuries sustained. P.Ws.2 and 3 were examined by P.W.12, the Doctor. Ex.P.6 is the accident register in respect of P.W.3 and Ex.P.7 is the accident register in respect of P.W. 2. P.W.5 was examined by P.W.11, the Doctor, who has issued Ex.P.5, the accident register. e) Pending investigation, P.W.18 arrested A-2 and A-3 on 25.10.2006 and they have come forward to give confessional statements, which were recorded in the presence of the witnesses. THE admissible portion of confessional statement of A-2 was marked as Ex.P.

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has paid its anxious consideration on the submissions made.