SENTHIL Vs. STATE, THROUGH DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Appellant/Accused No.1 has filed this Criminal Appeal, challenging the judgment, dated 06.02.2017, in S.S.C.No.92 of 2012 on the file of I Additional District and Sessions Judge (P.C.,R.), Thanjavur by which, he was convicted under Sections 341, 307 and 302 I.P.C. and sentenced to undergo simple imprisonment for 3 months for offence under Section 341 I.P.C., rigorous imprisonment for ten years and fine of Rs. 10,000/-, in default, 1 year rigorous imprisonment for offence under Section 307 I.P.C. and life imprisonment and fine of of Rs. 10,000/-, in default, 1 year rigorous imprisonment for offence under Section 302 I.P.C..

(2.) The prosecution case is that on 13.01.2012, at 5.15 p.m. deceased Anandaraj, P.W.1 - Illaiyaraja and P.W.2 - Palanivel were walking together and opposite the house of one Subramaniyan. A1, driven by previous enmity, restrained them and stabbed Palanivelu with a knife on his stomach. When P.W.1 and Anandaraj resisted A2 caught hold of him and A1 abused him using his caste name and stabbed him on the stomach repeatedly. When the injured Palanivel and Anandaraj were taken to hospital, Anandaraj was declared dead.

(3.) P.W.1, brother of the deceased, preferred a complaint before Sub- Inspector of Police, Kottur Police Station on 101.2012. Sundaramoorthy, Sub-Inspector of Police registered the complaint in Crime No.9 of 2012 under Sections 147, 148, 341, 324, 307, 302, 109 I.P.C. r/w Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and prepared Ex.P.13 FIR. P.W.18, Deputy Superintendent of Police, took up investigation, went to the scene and prepared observation mahazar Ex.P.2, as also rough sketch Ex.P.14. He examined the witnesses and recorded their statements and recovered material objects. On 14.01.2012, he conducted inquest over the body of deceased in the presence of Panchayatars and prepared Ex.P.15, Inquest Report. He sent the body to Government Hospital, Mannarkudi through PW-13 Grade II Constable for post-mortem. The Post-mortem Report is Ex.P12. On 15.01.2012 at 6.30 a.m. he arrested the accused near Thattankovil Bus Stop and recorded their confessions in the presence of P.Ws.10 and 11, namely, Aasai Elamparithi and Veeramani. He sent the accused to judicial custody on the same day. He altered the F.I.R. to Sections 341, 324, 307, 302 I.P.C. r/w Section 3(2)(v) of the SC/ST (POA) Act and sent the alteration Report Ex.P.17 to Court. He sent a requisition for chemical analysis. After his transfer, P.W.19, Deputy Superintendent of Police continued the investigation. He obtained postmortem report and examined P.W.17 - Dr.Govindaraj and recorded his statement. Upon completion of investigation, he filed a charge sheet informing commission of offences under Sections 341, 307, 302 I.P.C. 294(b) and 302 IPC. and Section 3(2)(v) of the SC/ST (POA) Act. The case was tried in S.C.No.92 of 2012 on the file of learned I Additional District and Sessions Judge (P.C.R.), Thanjavur. Before trial Court, prosecution examined 19 witnesses and marked 17 exhibits and 6 material objects. Two Court documents were marked. None were examined on behalf of defence but one document was marked.