PAULRAJ Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been filed under Section 374(2) of CODE OF Criminal PROCEDURE, 1973 as against the judgment and sentence of imprisonment dated 16.05.2002 made in S.C.No,368 of 1999 on the file of the Additional District and Sessions Judge-cum-Fast Track Court No,4, Coimbatore to set aside the same. The appellants herein were the accused 1 to 4 in S.C.No,368 of 1999. The first and second appellant stood charged for an offence punishable under Section 307 IPC, whereas the appellants 3 and 4 stood charged for an offence punishable under Section 323 IPC. All of them were found guilty of and convicted for the respective offences with which they stood charged as aforesaid and were punished as follows: i) Appellants 1 and 2 were punished with rigorous imprisonment for a period of nine years and a fine of Rs.5,000/- for the offence punishable under Section 307 IPC with a default sentence of one year rigorous imprisonment in case of default in payment of fine. ii) Each one of the appellants 3 and 4 was awarded a sentence of six months rigorous imprisonment and a fine of Rs.500/- with a default sentence of one month rigorous imprisonment, in case of default in payment of fine. As against the said conviction recorded and the sentence imposed by the learned Additional Sessions Judge (FTC No,4), Coimbatore at Tiruppur, in his judgment dated 16.05.2002, the appellants have preferred this appeal under Section 374 (2) of cr.P.C.

(2.) THE case of the prosecution, in brief, can be stated as follows: i) Palanisamy (P.W.2) is the father of P.W.1 - Amudha and P.W.3 - Revathy. P.W.4 - Arumugam is the son-in-law of P.W. 2. P.W.5 - Chinna Palanisamy is the younger brother of P.W. 2. Appellant No.1 - Paulraj is the son of second appellant. THE third appellant is the wife of the first appellant. Appellant No,4 is the mother-in-law of first appellant. All the appellants/accused are residents of Chinnathottipalayam within the jurisdiction of Karamadai Police Station. On 12.06.1998, P.W.1 - Amudha was grazing her cattles in their land. At about 12.00 noon, Paulraj(A1) and his wife Vasantha Mani (A3) came there and abused P.W.2 informing P.W.1 that her father (P.W.2) had obliterated a portion of the bund and annexed that portion with his land. On hearing the noise, P.W.3-Revathy came to that place and both P.W.1 and 3 informed appellants 1 and 3 that they could air their grievance when their father (P.W.2) would come. Enraged over the same, appellant No,3 (Accused No,3) slapped Revathy (P.W.3) on her face. THE first appellant/Accused No.1 caught hold of Amutha's (P.W.1's) hair, pushed her to the ground and assaulted her with his hands and legs. At the same time, the third appellant (A3) repeatedly slapped on the face of Revathy (P.W.3) using her hands. On hearing the noise Arumugam (P.W.4), the husband of Revathy rushed to the said place and then proceeded towards Sirumugai to bring Palanisamy (P.W.2). After the above said occurrence, Amudha and Revathy returned home along with the cattles. Shortly thereafter, P.W.2 and P.W.4 came there and were hearing P.W.1 narrating the occurrence that took place in the field. ii) While so, all the appelants came to the house of P.W.2 and appellants 1 and 2 (A1 and A2) challenged P.W.2 to come out to face them to prove that he was the son of one father and one mother. When P.W.2 came out, the second appellant (A2) attacked him with a stick, whereas the third appellant (Vasantha Mani) attacked Revathy (P.W.3) repeatedly with her hands. Paulraj, the first appellant (first accused) took out a sword (tPrrUths) from the eaves of the said house (house of P.W.2) and cut P.W.2 on the head proclaiming that he should die with that. In the said attack P.W.2 sustained bleeding injuries on the left side of his head. At the same time, the fourth appellant Ayyammal (A4) repeatedly beat P.W.1. At that point of time, the neighbours rushed to the place and separated both groups. iii) After the above said second occurrence, P.W.2 was taken in an auto-rickshaw that came there, at the first instance to a private hospital at Karamadai wherefrom he was taken to the Government hospital, Mettupalayam and then from there, to Coimbatore Medical College Hospital, Coimbatore. P.W.1 went to Karamadai Police station and lodged a written complaint under Ex.P1. P.W.8 is the Medical officer who attended on P.W.2 at Government Hospital, Mettupalayam and issued Ex.P4 wound certificate. P.W.12 - Karuppan, the then Sub-Inspector of police attached to Karamadai police station, prepared Ex.P10 - First Information Report in the printed format and registered a case in Crime NO.146 of 1998 on the file of the Karamadai police station for offences punishable under Sections 341, 323 and 307 IPC based on Ex.P1 complaint. iv) P.W.12 himself took-up the investigation of the case, visited the place of occurrence and prepared Ex.P11 - Observation Mahazar and Ex.P12 - Rough sketch in the presence of witnesses. He also recovered M.O.9 - blood stained earth and M.O.10 - sample earth under Ex.P13-Mahazar in the presence of P.W.7 - Venkatachalam and one Rajendran. M.O.3-blood stained half saree and M.O.4-jacket of P.W.1 were also recovered by the Investigating officer from P.W.1 under Ex.P13 - Mahazar. THE blood stained clothes of P.W.2 produced as M.O.5 and 6 and the blood stained clothes of P.W.5 (they were stained when he took the injured P.W.1 to the hospital in an auto-rickshaw) marked as M.0.7 and 8 were also recovered by the Investigating Officer under Ex.P2 - Mahazar. P.W.1 was also treated for the injuries sustained by her by P.W.10-Dr.Santha Arulmozhi, on 13.06.1998. Ex.P9 wound certificate was issued to the effect that she had sustained a lacerated injury on the left side parietal region of the head measuring 2 x 1 x 1 cm. It was diagnosed to be a simple injury. v) P.W.11-Dhinakaran took up further investigation of the case from P.W.12 and arrested the first appellant at 7.30 p.m on 22.06.1998, recorded his confession statement and recovered M.O.2 - Bill hook from him under Ex.P13 Mahazar in the presence of P.W.9 - Village Administrative Officer and one Chandran, the village assistant. P.W.11 also arrested the second and 4th (A2 & A4) Chenna Naicker and Ayyammal and recorded their confession statements. Based on the said confession statements, P.W.11 recovered M.O.1 - stick at about 2.15 p.m on 24.06.1998 under Ex.P8 - Mahazar, in the presence of the attesting witnesses P.W.9-V.A.O and his menial Chandran. P.W.11's successor in office, namely Inspector Jayakumar continued the investigation, completed the same and submitted a final report on 15.04.1999 alleging commission of an offence punishable under Sections 307 by appellants 1 and 2 and an offence punishable under Section 323 by the appellants 3 and 4.

(3.) THE court below considered the evidence brought on record on both sides, in the light of the arguments advanced on both sides, and upon such consideration, came to the conclusion that the charges against the accused/appellants as indicated supra were proved beyond reasonable doubt, convicted them and sentenced them with the punishments as stated above.