D KARUNAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The accused 1 to 5 in S.C. No. 113 of 2013 on the file of the Additional District Judge (Fast Track Court), Paramakudi are the appellants in this appeal. The first accused stood charged for the offence punishable under Section 148 and 302 of Indian Penal Code (in short 'IPC'). The second accused was charged for the offence punishable under Sections 147, 324, 302 read with 34 of IPC. The third accused stood charged for the offence under Section 147, 342, 302 read with 34 of IPC. The fourth accused was charged for the offence under Section 147, 342, 302 read with 34 of IPC. The fifth accused was charged for the offence under Section 147 and 302 read with 34 of IPC. After conclusion of trial, all the accused were convicted by the trial Court for the offence punishable under Section 149 read with Section 302 of IPC and sentenced to undergo imprisonment for life, with fine of Rs.5000/- each failing which to undergo rigorous imprisonment for a period of one year.

(2.) The deceased in this case is one Arumugam, who is the son of PW1 and PW The case of the prosecution, as could be unfolded from the complaint, Ex.P1 dated 18.05.2011 given by PW1, is that on 17.05.2011 at about 09.00 pm, PW1 along with his wife PW2, sons Arumugam (deceased), Erulamani (PW4), Muneeswaran (PW5) and daughter Thenmuniya Jothi (PW6) were watching television in their house. At that time, the accused 1 to 5 unlawfully assembled in front of his house and shouted at the inmates of the house to come out. When PW1 along with others came out of the house, they saw the accused 1 to 5 standing in front of their house with deadly weapons. According to PW1, the first accused was in possession of a crow bar, the third and fifth accused were armed with a sickle (Aruval), the second accused was armed with a iron rod and the fourth accused was in possession of a stick. When PW1 asked the accused as to what is the matter, the first accused instigated the other accused to kill him for having prevented him from cutting the Kattu Karuvela trees. Obliging to such command of the first accused, A-4 and A-3 held the deceased Arumugam, who is the son of PW1 and 2, which facilitated A-1 to hit the deceased on his head with the crowbar and he fell down bleeding. When PW1 attempted to prevent the attack, A-5 held PW1 which facilitated A-2 to attack PW1 with the iron rod on his left cheek. On seeing the accused attacking the deceased and PW1, PW2 and her children have raised an alarm. On hearing such alarm, Malaisamy (PW3), Brother-in-law of PW1 came to the occurrence spot and on seeing him, the accused fled away from the scene of occurrence. Immediately, the deceased was taken by an ambulance to Government Head Quarters Hospital, Ramanathapuram from where he was referred to Government Rajaji Hospital, Madurai for better treatment and he was admitted there at about 030 am on 18.05.2011. On receipt of intimation from the Government Rajaji Hospital, Madurai, PW14, Sub-Inspector of Police proceeded to the hospital and received a complaint from PW1, who was also taking treatment in the hospital for the injuries sustained by him, at about 8.00 pm on 18.05.2011. Based on such complaint, PW14 registered a case in Crime No. 9 of 2011 for the offences punishable under Sections 147, 148, 324 and 506 (ii) of IPC. Ex.P11 is the first information report. Thereafter, at 9.00 pm, PW14 rushed to the scene of occurrence namely Kaanikur Village where he drew an observation mahazar. Ex.P12 in the presence of witnesses Bose (PW8) and Murugan (PW10). PW14 also drew a rough sketch, Ex.P13 in the presence of the same witnesses. Thereafter, PW14 proceeded to record the statement of Pws 1, 2, 4 and 3 separately. On 19.05.2011, PW14 was informed that the deceased died in the hospital. Therefore, he altered the First Information Report for the offences punishable under Section 302 of IPC. Ex.P14 is the altered report. On receipt of the altered report, Ex.P14, PW15, Inspector of Police, has taken over the investigation in this case.

(3.) During the course of investigation, PW15 proceeded to Rajaji Government Hospital, Madurai where he conducted inquest in the presence of Panchayatars namely Kalimuthu, Nagaraj, Murugavel, Karuppaiya, Sendhur Pandian between 9.30 am to 12.00 Noon. Ex.P15 is the Inquest Report. Thereafter, PW15 sent the body of the deceased to the Government Hospital through Muralidharan, Head Constable, PW12. Accordingly, PW13, Dr. Pususthaman attached to Madurai Medical College conducted postmortem and issued Ex.P10, Mostmortem Certificate, wherein it was stated as follows:- Appearance found at the Postmortem