RAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant was tried in S.C. 207/84 on the file of the Second Additional Sessions Judge, Tirunelveli for an offence under section 302, I.P.C. He was found guilty of an offence under section 304(11), I.P.C., and sentenced to undergo rigorous imprisonment for five years.

(2.) The facts which led to the prosecution of the appellant need narration. The incident is said to have taken place at 7.30 P.M. on 25th December. 1983 in the village of Nazerath at the Bus stand. The deceased Rajaguru, who is alleged to have been beaten on the head with casuarina stick by the appellant died at 6.45 A.M. on 9th January, 1984 at the Tirunelveli Medical College Hospital.

(3.) The deceased who belongs to Nezerath village was a taxi driver. P.W, 7 is his wife. The appellant and P. W. 2 ate also vehicle drivers. P .W. 6 Selvin, a Commercial Instructor and resident of Nazerath was supervising the running of two jeeps belonging to his elder sisters son. The appellant was the driver of one of those jeeps, while the deceased was the driver of the other. The appellant did not work with P.W. 6 from the end of October, 1983, since he left for Madras. It appears that the appellant returned to Nazerath early in December, 1983 and requested P.W. 6 to re-appoint him as a driver but that request was turned down. It also appears that the appellant wanted P.W. 1 to engage him as driver of his jeep, which was not acceded to, since P.W. 1 did not like the temperament of the appellant. About 10 days prior to this occurrence, it appears that the appellant told P.W. 2 that if the deceased did not make a job feasible for him, he would take away the head of the deceased. P.W. 1 is a driver-cum-owner of the jeep, he having purchased a jeep from P.W. 6. It is, in this background that the incident on 25th December, 1983, the Christmas day, is alleged to have taken place. At or about the time of occurrence, P.W. 1 and the deceased were in conversation near the railway gate behind the Bus stand at Nazerath when the appellant came and picked up a quarrel with the deceased. P.W. 1 separated them. Thereafter, the deceased and P.W. 1 went towards the Bus stand and were near Rex Hotel. The time then would be about 7.30 P.M. The appellant came there with a casuarina stick and beat the head and shoulder of Rajaguru. Soon thereafter, the appellant ran away with the casuarina stick and though P.W. 1 shouted for help, for his being caught, the appellant made good his escape. P.W. 5, who was then standing at the Bus stand, had seen the accused running away with a stick towards east. The deceased sustained bleeding injuries and P.W. 1 escorted him to the latter's house. When P.W. 1 visited the victim Rajaguru the next day at his residence, he had a bandage on his head. P.W. 7, the wife of the deceased who had gone to the church along with her mother-in-law on the evening of 25th December, 1983 returned home at 8.30 P.M. and found her husband Rajaguru with a band age on his head for the injuries sustained by him. The victim was in a state of swooning then and so P.W. 7 took her husband to St. Luke's Hospital, Nazareth. The same night at about 9 P.M. P.W. 8, the Medical Officer attached to St. Lukes Hospital examined Rajaguru and found on him 2 long deep cut over the scalp in the left temporal region about 2 above the left ear. P.W. 8 sutured the wound, administered drugs and treated him as an out-patient. P.W. 8 was informed that the injury on the victim was due to a fall from a Pandal while he was doing decoration work at about 8 P.M. that day. The victim was regularly going to the hospital everyday for change of dressings. On 2nd January, 1984, the sutures from the wound were removed by the Doctor P. W. 8, who directed the victim to undergo certain further tests. Rajaguru refused to have further investigations made. Again on 8th January, 1984 .at about 1 A.M. Rajaguru was taken to P.W. 8 in a state of partial unconsciousness by P.Ws. 1 and 3. P.W. 8 directed the relatives of Rajaguru to take him to the Tirunelveli Medical College Hospital, for further treatment. Ex. P 2 is the case report issued by P.Ws. 8 and 9, the Assistant Surgeon attached to the Tirunelveli Medical College Hospital examined Rajaguru at 11.10 P.M. on 8th January, 1984. After perusing Ex. P3, the history of the case was sent by St. Lukes Hospital. P.W. 9 found the victim unconscious though he was shaking his hands and legs. He noticed a small healed scar above the left ear of the victim. Ex. P4 is the accident register issued by P.Ws. 9 and 10. Doctor Sarojini had X-ray pictures taken of the head of the victim at 11.20 P.M. On 8th January, 1984. MOs. 1 and 2 are X-ray pictures which did not reveal any fracture. P.W. 11 another Assistant Civil Surgeon attached to the same hospital on noticing the death of Rajaguru at 6.45 A.M. On 9.1.1984 sent an intimation Ex. P6 to the hospital out post Police Station. P.W. 14, the Head constable attached to the outpost Police Station received Ex. P6 at 7-15 A.M. on 9.1.1984 made an entry of the same in the genera diary and gave a wireless message to the Nazerath Police Station. Even at 11.30 P.M. on 8.1.1984 P.W. 14 had received Ex. P 10 the intimation from the hospital about the admission of Rajaguru that night. Though P.W. 14 had made a general diary entry on Ex. 10 he did not take any further steps. P. W. 15 the Head Constable, who was a Station Writer at the Nazerath Police Station received the message from P.W. 14 at 7.45 A.M. and directed a Police constable to collect the death intimation from P.W. 14. Meanwhile at 9 A.M., P.W. 1 appeared before P.W. 15 and gave a statement which was recorded by P. W. 15 and that is Ex. P1, the first information report in this Gase. P.W. 15 registered Crime No. 10/84 for an offence under section 202, I.P.C. on the basis of Ex PT and PIT is the printed First Information Report. The copies of the printed First Information Report were sent to the higher officials and the court. P.W. 17, the inspector of Police, Sathankulam received the express First Information Report at 10 A.M. on 9.1.1984, took over the investigation and proceeded to the Palayamkottai Hospital at 12-00 Noon. He conducted the inquest on the dead body of Rajaguru between 12.30 Noon and 3 PM. and Ex. P12 is the inquest report. He examined PW5. 1,2 and others during the inquest. At about 3 P.M., he sent the dead body of Rajaguru through P.W. 16 with a requisition Ex. P7, to P.W. 12, the Medical Officer attached to the Tirunelveli Medical College Hospital to conduct the postmortem. At 5.30 P.M P.W 17 reached Nazerath and prepared Ex. P9, the observation mahazar relating to the since of occurrence. He also drew the scene sketch Ex. P13. He examined several witnesses during the course of investigation and learnt about the surrender of the appellant before the Judicial Second Class Magistrate, Kovilpatti on 21.1.1984.