DEVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Al and A6 are the appellants. They, along with A2 to A5, faced their trial before the Court of Sessions, Chingleput in S.C. 76 of 1983. Charges under section 147, I.P.C. against Al to A5 and under section 148, I.P.C. against A6 were also framed apart from the capital charge. The charge No. 3 was against Al and A6 under S. 302, I.P.C. read with section 34 for having caused the death of Mani, by Al catching hold of him and A6 inflicting a stab injury on the right thigh, at 7 p.m. on 16.2.82 which resulted in his death at 8.30 p.m. on the same night. The 4th charge was against Al for abetting the murder of Mani under section 302 read with S. 109, I.P.C. The 5th charge was against Al to A5 under section 302 read with section 149, I.P.C. The 6th charge was framed against A-i for an offence under section 323, I.P.C. for having caused hurt to P.W. 1 Veerasa my with a stick. The 7th charge was framed for an offence under section 323 read with section 149, I.P.C. against A2 to A6, relating to charge No.6. Charges 8 and 9 were for offences under section 323, I.P.C. against A-2 for having caused hurt to P.W. 1 with the aid of section 149, I.P.C. against A-l and A-3 to A-6, relatable to charge 8.

(2.) The trial Judge acquitted A-2 to A-5 of all the charges, but convicted A-l and A-6 under section 302 read with section 34, I.P.C. and sentenced each of them to undergo imprisonment for life. A-l was further convicted under charge No.6 for the offence under section 323, I.P.C. and sentenced to undergo rigorous imprisonment for six months. Al and A6 were acquitted of all other charges.

(3.) The facts, which led to the incident, can be summarised as follows: - A-l and A-6 are brothers. A-2, A-3 and A-4 are brothers. A-S is and to be the friend of the other accused. The prosecution party and the accused are residents of Sriperumpudur. Two or three days prior to the occurrence, that is on 16.2.1982, A-i, A-3 and A-S are said to have teased the sisters of P.Ws. 1 and 2 when they were taking water in a tap. The sisters having complained to P.Ws. 1 and 2, the latter questioned A-l, A-3 and A-S, which resulted in a wordy altercation between themselves. It is in this background that the incident is alleged to have taken place at 7.30 p.m. near a temple tank in Sriperumpudur. P.W. 4 came and informed P.W. 1. who was at his residence, that A-i, A-3 and A-S were beating the deceased Mani and P.W. 2 with sticks and dipping them into the water in the temple tank. P.W. 1 proceeded to the scene and saw A-l beating P.W. 2 with a stick, which he obstructed. A-I beat P.W. 1 with a stick on his right below. At that point of time, A-i, A-3 and A-S alone were present at the scene. Soon thereafter, A-4 and A-6 came running to the scene which prompted P.W. 1 to warn the residents of his street to run away, because he feared planned attack by the accused party. The prosecution party started running. The deceased Mani had infirmity in his leg and so he was not able to run fast. A-i caught hold of the deceased and A-6 stabbed Mani with a knife on his right thing. The accused then ran away from the scene. The injured Mani was taken to the Government hospital, Sriperumpudur, where the Medical Officer P. W. 6 examined him and found a cut injury over the medical aspect of right thigh middle 3rd, 4 deep, 1112 X 1 with severe bleeding, cutting completely the femoral artery and vein. P.W.6 sutured the injury to arrest the bleeding. At 8.00 p.m. Mani expired in the hospital. Ex. P. 2 is the copy of the accident register issued by P.W. 6. P.W. 6 sent Ex. P. 3 intimation of death to the Police. On the same day at 8.S0 p.m. P.W. 6 examined P.W. 1 Veerasamy for the simple injuries sustained by him and Ex. P. 4 is the copy of the accident register. P.W. 1 sustained a lacerated injury on the left elbow and a contusion over the right palm. On receipt of Ex. P. 3 intimation from the hospital, P. W. 11, the Sub-Inspector of Police proceeded to the Government hospital, Sriperumpudur and recorded the statement Ex. P. 1 from P.W. 1, which is the first information report in this case. P .W. 11, on Ex. P. 1 registered crime No. 47 of 1982 for offences under sections 147, 148, 341 and 302, I.P.C., prepared printed reports and sent copies thereof to the higher authorities and the Court. P.W. 13, the Inspector of Police, Sriperumpudur, on receipt of the express First Information Report, took up investigation, and reached the scene of occurrence at midnight. He proceeded to the hospital and found P. W. 1 admitted as an inpatient. On 17.2.1982, between 6 and 8 a.m. he conducted the inquest on the dead body of Mani and examined P.Ws. 1 to 4 during inquest. Ex. P. 14 is the inquest report. The body of Mani was sent for postmortem through the Police constable P.W. 8 with a requisition Ex. P. 6 to P.W. 7, the Medical Officer attached to the Government Hospital, Sriperumpudur. P.W. 7 conducted the autopsy on the body of Mani at ii a.m. on 17.2.1982 and found the following injuries as described by him in Ex. P. 7, the postmortem certificate. External injuries: -