ELUMALAI Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the District and Sessions Division, Thiruvannamalai made in S.C.No.71 of 2006, whereby the sole accused/appellant stood charged under Sections 325 and 302 IPC, tried, found guilty as per the charges and awarded life imprisonment and to pay a fine of Rs.20000/-, in default to undergo 2 years R.I. under Section 302 IPC and 5 years R.I. and to pay a fine of Rs.5000/-, in default to undergo 6 months R.I. under Section 325 IPC.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus:a) P.W.1 is the wife of the deceased Mani alias Narayanan. THEy had 4 acres of land at Krishnapuram. THEy raised a small house in the land and they used to stay there during night hours also. THE accused/appellant was owning land adjacent to their land. THE deceased dug a bore-well in his land, by which the water get drained in the well of the accused. Hence there was often quarrel between them. THE accused was adumbrating that he would finish the deceased off.b) On 23.7.2005 at about 10.00 p.m. when P.W.1 and her husband were actually sleeping in their house, P.W.1 heard the sound raised by the Bull and she came out and found the accused standing outside. Immediately, she questioned him. THE accused attacked her with the wooden log on her head. When she raised distressing cry, the deceased Narayanan came out and the accused also attacked him on his head with the wooden log and throwing the wooden log at the place of occurrence, the accused ran away. P.W.4 found the accused running from the place of occurrence. c) Both P.W.1 and the severely injured Narayanan were taken to the Government Hospital, Vellore, where the deceased was declared dead. P.W.2, the Doctor attached to the Vellore Medical College Hospital, gave treatment to P.W.1 and has issued Ex.P.2, the wound certificate. THEreafter, P.W.1 was taken to CMC Hospital for further treatment. d) On intimation, P.W.7, the Sub Inspector of Police attached to Santhavasal Police Station, went to CMC Hospital and received the statement of P.W.1, which was marked as Ex.P.1. On the strength of the same, he registered the case in Crime No.220 of 2005 under Sections 302 and 324 IPC. Ex.P.12, the FIR was despatched to the Court. e) On receipt of the copy of the FIR, P.W.8, the Inspector of Police, took up the investigation, proceeded to the spot and made an inspection in the presence of the witnesses. He prepared Ex.P.6, the observation mahazar and Ex.P.13, the rough sketch. THE place of occurrence was also photographed through P.W.6, the photographer. M.O.7 (series) photos and M.O.8 (series) negatives were marked. P.W.8 recovered stick, bloodstained earth and sample earth and the other material objects from the place of occurrence under a cover of mahazar. He went to the Government Medical College Hospital and 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 autopsy. f) P.W.3, the Doctor attached to the Vellore Government Medical College Hospital, on receipt of the requisition, has conducted post-mortem on the dead body of the deceased and has issued Ex.P.5, the post-mortem certificate, wherein he has opined that the deceased would appear to have died of intra cranial haemorrhage following the fracture of skull bones. g) THE accused appeared before P.W.5, V.A.O. on 25.7.2005 and gave confessional statement, which was recorded and marked as Ex.P. 8. THE accused was taken to the police station and was produced before the Investigator. He caused the arrest of the accused. THE accused came forward to give confessional statement, which was recorded in the presence of the witnesses, the admissible part of the same was marked as Ex.P. 10. Pursuant to the same, the accused produced M.O.5, bloodstained shirt and M.O.6, bloodstained lungi, which were recovered under a cover of mahazar. THE accused was sent for judicial remand. THE material objects recovered were subjected to chemical analysis by the Forensic Science Department. Ex.P.15 (series) is the chemical analyst report and serologist's report. On completion of the investigation, the Investigating Officer has filed the final report.

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