DHANAPAL Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment and conviction made by the District and Sessions Judge, Mayiladuthurai in S.C.No.202 of 2010, by judgment dated 22.10.2013, by and under which, the Trial Court has convicted A1, A2 and A4 and sentenced to undergo punishment of simple imprisonment for one year each, for the offence under Sections 323 IPC and also convicted A3 and sentenced to undergo the punishment of rigorous imprisonment of seven years with fine of Rs.500/~ in default to undergo further sentence of two years rigorous imprisonment, for the offences punishable under Section 304 (Part~1) of IPC.

(2.) The prosecution case before the Trial Court was that, on 16.06.2010 at about 10.00 p.m., the deceased Elangovan on the way to his home with alleged drunken mood, picked up quarrel with his cousin sister one Sujatha, on the night hours at 10.00 p.m., when she was sitting outside of her house, which was opposite to the deceased house at Valan Theru in Mela~Sitharkadu for the alleged reason that, at the late hours since she was sitting out side at home. At that time, the A1 father of the said Sujatha, A2 to A4 brothers of her came and attacked the deceased Elangovan and it was witnessed by the deceased wife Amutha, P.W.1 and deceased brother Satishkumar, P.W.2, and they came and rescued the deceased and they took him to their home.

(3.) It is the further case of the prosecution that, in the next day at about 10.00 a.m., the victim was brought to Mayiladuthurai Government Hospital and admitted by P.W.1 and at the time of admission of the deceased at the hospital, the P.W.1 reported to the Doctor that, previous day night the deceased fell down, when he was cycling, with the result, he sustained injuries. Based on the said report of P.W.1, the victim was admitted at the hospital at 10.25 a.m., on 17.06.2010 and at that time, it was not treated as Medico Legal case and the deceased was continuously treated as inpatient at the hospital. However, at about 10.15 p.m. on 17.06.2010, the condition of the deceased was worsen and when the same was brought to the notice of P.W.1., she informed to the Doctor that on previous night, the deceased was attacked by A1 to A4 with the result, he sustained these injuries and therefore, accordingly, appropriate treatment can be given to him. Inspite of continuous treatment, shortly, i.e., at about 10.45p.m., on the same day, the deceased died.