LAWS(MAD)-2018-1-515

SATHIARAJ AND ORS. Vs. STATE

Decided On January 31, 2018
Sathiaraj And Ors. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The accused 1 to 3 in S. C. No. 262 of 2015 on the file of the learned II Additional District and Sessions Judge, Thanjavur are the appellants in this appeal. They stood charged for the offences punishable under Sections 302 of IPC. After conclusion of trial, the accused were convicted and sentenced to undergo imprisonment for life together with fine of Rs. 1,000/-, in default, to undergo simple imprisonment for a period of three months.

(2.) The deceased in this case is one Ramesh. PW1 and 2 are the cousin brothers of the deceased. According to the prosecution, two years prior to the occurrence, there was a quarrel between the deceased and the first accused Sathyaraj during which the deceased said to have stabbed the first accused and a criminal case was also pending with respect to the said incident. While so, at about 9. 30 p. m. on 21. 07. 2014, PW1 was coming near the Fish market adjacent to Thiruvidaimarudur Post office to buy cigarette. At that time, PW1 had seen the deceased and asked him as to why he was standing there at that time and instructed him to go home. By saying so, PW1 crossed the deceased and proceeded 10 feet further. At that time, PW1 heard the hue and cry of the deceased, turned back and saw the first accused attacking the deceased on his backside with a knife and the deceased fell down. Soon thereafter, A-2 and A-3 have attacked the deceased on his left and right rib. As all the accused were armed with weapons, PW1 could not prevent the deceased from being attacked by the accused. PW1 therefore raised an alarm and immediately the accused 1 to 3 fled away from the scene of occurrence. Thereafter, PW1 called for an ambulance and took the deceased with him to Kumbakonam Government Hospital where the deceased was declared as brought dead by the Doctor, PW1 Ex. P18 is the wound certificate issued by PW1 Thereafter, PW1 went to the police station at about 1 30 am on 2 07. 2014 and lodged a complaint, Ex. P1 to PW15, the Special Sub-Inspector of Police. On the basis of such complaint, PW15 registered a case in Crime No. 137 of 2014 for the offence punishable under Section 302 of IPC. Ex. P21 is the First Information which was forwarded by PW15 to higher officials. On receipt of Ex. P15, PW16, the Inspector of Police rushed to the place of occurrence and prepared an observation mahazar and also a rough sketch under Exs. P22 and P23 respectively. PW16 also collected the blood stained earth and sample earth under Ex. P24. Thereafter, PW16 went to the Government Hospital, Kumbakonam where he conducted an inquest on the dead body of the deceased in the presence of Panchayatars and relatives of the deceased. Ex. P25 is the inquest report. After completing the inquest, PW16 arranged to send the body of the deceased through PW9, the Special Sub-Inspector of Police for postmortem. Accordingly, the dead body of the deceased was handed over to the Doctor, PW14 for conducting postmortem. After conducting Postmortem, PW14 issued postmortem Certificate, which was marked as Ex. P20, wherein it was stated as follows:-

(3.) Laceration 2 cm x 1 cm x 1 cm over left side of chin