LAKSHMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant was tried in Sessions Case No.2 of 1984, on the file of the learned Principal Sessions Judge, North Arcot at Vellore, for an offence under Section 302 of the Indian Penal Code, found guilty thereunder and sentenced to undergo imprisonment for life.

(2.) The brief facts of the prosecution case may be summarised as follows: The appellant belongs to Pullyamarathur village which is situated in Javvadhu Hills. The appellant was involved in forest offences, and non-bailable warrants had, been issued for his arrest by the Judicial First Class Magistrate, Vellore. Ex. P. 10 is the non-bailable warrant sent to Jamunamarudhur Police Station. Another warrant was sent to Veppankuppam Police Station. These warrants were pending against the accused/appellant.

(3.) On 25-9-1983, P.W. 1, the Forest Range Officer along with Chinnapaiyan (the deceased) who was the Forest Watcher and P.W. 2, the Tending Watcher, left Odukkathur at 7.00 a.m. and were patrolling the forest area for detecting cases of sandalwoods theft, when they happened to notice the appellant proceeding with a Vettu KathiT in his hand near Konda Reddi. Handhi. The deceased Chinnapaiyan told P.W. 1 that two nonbailable warrants were pending against the appellant and so P.W. 1 questioned the appellant about the same. The appellant admitted the pendency of the non- bailable warrants and prayed the deceased and P.W. 1 to give him a months time to come out on bail by engaging a lawyer. The deceased replied that the words of the accused should not be believed and he must be arrested and taken to the Forest Range Officer at Odukkathur. P.W. 1 asked the appellant to come along with them to Odukkathur. The deceased pushed the appellant by his neck which resulted in the appellant's falling down in the thorny bush. A thorn pricked the appellant on his leg and caused a bleeding injury. Thereafter, the appellant was taken by the deceased and P.Ws. 1 and 2 on the footpath in the forest, one following the. other. The appellant/accused was following the deceased, and the appellant was followed by P.W. 2 and the last in the group was P.W. 1. A little later, P.W. 1 wanted to answer calls of nature, and so directed the others to keep going. It was at that time that the appellant cut the deceased with M.O. 1 twice on the neck and again on the throat. The appellant had taken advantage of the absence of P.W. 1 at the scene while inflicting the injuries. P.W. 2 shouted, and on hearing the noise, P.W. 1 reached the scene. The appellant threatened P.Ws. 1 and 2 also with dire consequences and chased them for a distance of about one furlong. P.W. 1 reached Odukkathur while P.W.2 went to Puliamarthur and informed P.W. 4 about the incident. P.W. 4 along with others came to the scene of occurrence and found Chinnapaiyan dead with injuries on the neck and throat. P.Ws 1 and 2 met again at the scene and proceeded to Odukkathur and informed P.W.3, the superior Forest Range Officer. On his instructions, P.W.1 drafted Ex.P.1, the First Information Report, which was endorsed by P.W. 3. P.Ws. 1 and 2 were sent to Jamunamarudhur Police Station in a jeep. At the Jamunamarudhur Police Station, P.Ws. 1 and 2 gave P.W. 1 to P.W. 10 the Sub Inspector who was in charge of that police station. P.W. 10 registered Ex. P. 1 as Crime No. 22 of 83 under Section 302 of the Indian Penal Code, prepared Express Reports and sent them to the higher authorities and the Court. P.W. 11 the Inspector of Police who was on other duty at Thiruvannamali received a message by V.H.F. about this case and also received the express report at 12.30 midnight on 26.9.1983, took over investigation and reached the scene at 3.00 a.m. P.W. 11 prepared an observation mahazar Ex. P. 2 and seized M.Os. 2 to 4 under a mahazar Ex. P.3. P.W. 11 also seized M.O. 5 under Ex. P. 4. He prepared a rough sketch Ex. P. 16 regarding the scene of occurrence. P.W. 11 conducted the inquest on the dead body of Chinnapaiyan between 9.30 a.m. and 11.00 a.m. and Ex. P. 17 is the inquest report. After inquest, he sent the body of the deceased through P.W. 9 to the Medical Officer (P.W. 8) for conducting post-mortem.