NANDA @ NANDAGOPAL Vs. STATE

JUDGEMENT

(1.) The appeal is preferred against the conviction of the appellant under Sections 341 and 302 I. P. C. and sentenced him to undergo one month simple imprisonment for the offence u/s 341 I. P. C. and sentenced to undergo Life Imprisonment and to pay a fine of Rs. 1500/- in default to undergo R. I. for six months for the offence under Section 302 I. P. C. , by the learned XVII Additional Sessions Judge, Chennai, in S. C. No. 13 of 2015 dated 29. 07. 2016. The sentences were ordered to run concurrently.

(2.) Deceased Karthik is brother of P. W. 1 and son of P. W. The deceased P. W. 1 and P. W. 2 were residing at Door No. 19/9, Varadhappan Street, Mettupalayam, Chennai-1 P. W. 3 to P. W. 13 are the residents of the same area. Prior to the occurrence, on one occasion, the deceased pelted a small stone on the accused. Agitated over the same, he developed grudge over the deceased. When the matter stood thus, on 07. 04. 2014 at about 3. 15 p. m. when the deceased Karthik was standing alone in the Varadappan Street, accused came there and stabbed him on the left shoulder and back and ran away from the place. P. W. 5, P. W. 6 and P. W. 8 and P. W. 10 witnessed the occurrence and also arranged an auto and took the injured to the hospital and P. W. 1 and P. W. 2 brother and mother of the deceased also rushed to the hospital. P. W. 11 and P. W. 13 also witnessed the occurrence. P. W. 13 also seen the injured and when enquired, he said that accused stabbed him. He also made arrangement to send the deceased to hospital. Thereafter, police came to the place of occurrence and prepared observation mahazar Ex. P. 3 in his presence on the same day evening. He also signed in the Mahazar, his signature is Ex. P. 4. In the meanwhile P. W. 16 Medical Officer attached to the Kilpauk Government Hospital admitted the deceased on 7. 4. 2014 and noted the following injuries:

(3.) P. W. 1 after the occurrence, immediately lodged complaint Ex. P. 1. P. W. 21 Investigating Officer received the same and registered the case in Cr. No. 492 of 2014 for the offences under Sectiond 341, 307 I. P. C. under Ex. P. 12 F. I. R. and went to the place of occurrence and prepared Observation Mahazar Ex. P. 3 and drawn rough sketch Ex. P. 13 and seized the bloodstained tarred earth and normal tarred earth M. Os. 5 and 6, under Ex. P. 4 Seizure Mahazar. He also seized bloodstained dresses from the injured from the hospital under Ex. P. 2 Mahazar and forwarded the properties to the Court under Form-95 Ex. P. 14 series. On 11. 4. 2014 at about 7. 00 a. m. he arrested the accused near Perambur Railway station in the presence of P. W. 15 and one Babu and seized knife M. O. 4 from the accused. Thereafter, he sent the accused to judicial custody and M. Os to the Court. P. W. 19 doctor attached to Rajiv Gandhi Government Hospital on 22. 4. 2014 examined the injured Karthik and found that he was dead. He gave Death Report Ex. P. 10. On receipt of death intimation from the hospital P. W. 21 has altered the crime from Section 341, 307 I. P. C. , to 341, 302 I. P. C. under Ex. P. 16 Alteration Report and conducted Inquest before the Panchayatars and prepared Inquest Report Ex. P. 17. He requested the Medical Officer to conduct Post Mortem. P. W. 17 Assistant Professor attached to the Madras Medical College Hospital conducted autopsy on 2 4. 2014 and found the following injuries: