SEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant/sole accused was tried by the learned Principal Sessions Judge, Kanyakumari District' at Nagerocoil, in S.C. No. 177 of 1999, for an offence punishable under Section 302 IPC and, on conclusion of the trial, by judgment dated 22.3.2002, he was found guilty and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default, to undergo rigorous imprisonment for six months. Aggrieved against the said order of conviction and sentence passed by the trial Court, the present appeal has been preferred.

(2.) The sum and substance of the prosecution case is as follows: (a) The deceased was a coolie worker. The appellant/ accused was the owner of a coconut thoppe. On 12.3.1996, when the appellant was in a tea shop at about 6 p m., the deceased came there and indulged in a wordy quarrel demanding the balance sum of Rs. 50/- towards his wages for the work done by him in the coconut thoppe of the accused. In the heat of wordy altercation between them, the accused picked up a rubber stick (i.e., a stick of a rubber tree) lying on the side of the tea shop and attacked the deceased on his forehead and back side of the head and on receiving the attack the deceased fell down on the ground. There after, when P.W.2 and P.W.3 (the wife of the deceased) and one Ponnaiyan who were at the occurrence place raised an alarm on seeing the occurrence and the accused threatened them and left the scene of occurrence. (b) Thereafter, P.W. 1 to 3 and Ponnaiyan took the deceased in a taxi to a private hospital where first aid was administered to the deceased by the P.W.7, The Medical Officer of the Private Hospital. Since the hospital authorities instructed them to take the deceased to some other hospital, they took the deceased to the Medico Legal College Hospital, Trivandrum at 11 p.m. on 13.3.1996. Thereafter, on 14.3.1996 at 6 p.m., in spite of the treatment given to the injured, the deceased died. P. W.8 the Medical Officer of Trivendrum hospital has deposed that he, after the death of the deceased prepared a death intimation Exhibit P-3 and sent the same to the Police Department. (c) It transpires from the evidence of P.W.I 1 (Inspector) that on 15,3.1996 while he was in charge of Armunai Police Station the Head Constable Thangaraj (H.C. No. 1089) served a copy of the Express Report in Crime No. 251 of 1996, registered under Section 302 of IPC relating to this occurrence. (d) P.W. 11, the Inspector of police, who, on receipt of the report, took up investigation on 15.3.1996 and proceeded with the investigation. According to the prosecution, the report was given by P.W.2 on 15.3.1996 at 9.00 a.m.. P.W.2 has deposed in his Chief Examination that on 15.3.1996 on the advice of Medical Officers of the Medico Legal College of Tiruvendrum went to the Police Station and laid the complaint. This piece of evidence of P.W.2 is corroborative of the testimony of P.W.1 1 in laying the report, (d) P.W.1 1, the Inspector of Police, who, on receipt of the first information report, went to the scene of occurrence and prepared an Observation Mahazar (Exhibit P-1) at about 11 a.m. and a Rough Sketch of the scene, which are marked as Exhibits P-1 and P-9 respectively. Then P.W.11, proceeded to Trivandrum Medico Legal College Hospital, and conducted inquest over the dead body of the deceased in the presence of panchayatdars and recorded the statements of P,W. 1,2 and 3 and one Ponnaiyan. ExhibitP-10 is the Inquest Report. (e) P.W.9, the Medical Officer, who on receipt of the requisition given by P.W.I 1, Investigating Officer, conducted autopsy on 15.3.1996 at 3.30 p.m. and issued the post mortem certificate Exhibit P-5 wherein he had noted the following injuries: "Injuries (Ante Mortem) (1) Contusion 9x8 cm involving the whole thickness of back of head over the occiput. The occipital bone showed a Fissured fracture, ] 2cm extending along the left side of midline downwards to the foramen magnum. The under Surface and poles of both frontal and temporal lobes showed superficial lacerations with thin subdural clots (2) Sutured lacerated wound 5.5cm long oblique over the front of right side of head, the front inner end being 4.5cm above the middle of right eye brow and the back: outer end 9 cm above the ear. The scalp lobe of brain showed a haemorrhage 4x3.5 cm beneath Brain 1240 gm) showed signes of raised intracranial tension and diffuse subdural and subarachnoid haemorrhages. (3) Contusion 1x0.5x0.5 cm on the right border of posterior part of tongue. (4) Abrasion 1.5x1 cm on the back of the right arm 3 x cm above the elbow (5) Abrasion 1.5x0.5cm oblique on back: of right forearm 4 cm below the elbow (6) Abrasion 0.5x0.3 cm over the back of right hand 3 cm above root of the thumb (7) Abrasion 1x0.3cm oblique on front of left leg 5 cm below the knee. All the above abrasions of left leg 5 cm below the knee. Scab, The haemorrhages and contusions were brownish blue in colour. The margins of the sutured wound were glued together. Air passages contained purulent mucoid fluid. Lungs (right-40 gm; left 330 gm) were congested and oedematous. Stomach 200 gm contained 50 ml of bile stained mucoid fluid having no unusual smell, mucosa was normal. Urinary bladder was empty, normal. All other internal organs were normal. Viscera have been preserved and sent for chemical analysis. The blood group of the deceased was determined in blood bank, MCH, Type and was found 'B' Rh Negative." P.W.9, the Medical Officer opined that the deceased would appear to have died due to the injuries 1 and 2 on the head sustained by the deceased. (8) P.W.I 1, after examining the witnesses and receiving the medical opinion concluded the investigation and laid the final report against the accused on 15.11.1996. After, filing the charge sheet, the accused was arrested on 18.3.1999 by the Investigating Officer, but no weapon of offence had been recovered.

(3.) In order to bring home the guilt of the accused, the prosecution examined P.W.I to 11, marked Exhibits P-1 to 10 and produced M.Os.l and 2.