GANESAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Salem, made in S.C.No,305 of 2005 whereby the appellant/A-1 stood charged along with A-2 under Sections 341 and 302 read with 34 of IPC, and on trial, A-1 was found guilty under Sections 302 and 341 of IPC and awarded life imprisonment along with a fine of Rs.1000/- and default sentence and six months Simple Imprisonment respectively, while the learned trial Judge recorded an order of acquittal of A-2.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus: (a) P.W.5 is a resident of Thippampatty, and he was doing coolie work. THE deceased Karadi @ Chinnasamy was known to him. One year prior to the date of occurrence, A-2 the wife of A-1, was found missing. It came to the knowledge of A-1 and P.W.5 that she was living with the deceased at Periyagoundapuram. THEn they went over to that place and brought her back just 15 days prior to the occurrence, and thereafter, A-2 was living with her husband A-1 during the relevant time. (b) On the date of occurrence namely 4.4.2005, at about 10.30 A.M., P.W.5 heard the noise near the house of A-1. Immediately he went over there. A-1 told that some one was lying there with injuries. THE very day, P.W.2, the brother's wife of P.W.1, on seeing the deceased with severe injuries, informed P.W.1, and P.W.1 in turn rushed to the place. He found the deceased with bleeding injuries and P.Ws.1 and 2 asked him at about 12.00 P.M., how he happened to sustain injuries. He narrated that he had illicit intimacy with A-2, and he came that day to take her, and at that time, he was tied by A-1 and A-2, and both of them attacked him with a wooden log and an iron pipe, and thus he sustained injuries. Immediately, P.Ws.1 and 2 took him to the Government Mohan Kumaramangalam Medical College Hospital, Salem, at 2.45 P.M. P.W.12, the Doctor, who was on duty, admitted him and gave treatment. THE accident register copy is marked as Ex.P16. THE further treatment was given by P.W.11, the Doctor. Despite the same, he died at the Hospital. Immediately, P.W.1 proceeded to the respondent police station and gave a complaint under Ex.P1. P.W.15, the Sub Inspector of Police, who was on duty, on the strength of Ex.P1, the report, registered a case in Crime No.15 of 2005 under Sections 341, 324 and 302 of IPC. THE printed FIR, Ex.P22, was despatched to the Court. (c) P.W.16, the Inspector of Police, who was in charge of Mallur Police Station, on receipt of the copy of the FIR took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P5, and also a rough sketch, Ex.P23. He conducted inquest on the dead body in the presence of witnesses and panchayatdars and prepared, Ex.P24, the inquest report. THEn, a requisition, Ex.P17, was given to the hospital authorities for the purpose of postmortem. (d) P.W.13, the Professor of Forensic Medicine, Government Mohan Kumaramangalam Medical College Hospital, on receipt of the said requisition, conducted autopsy on the dead body of Karadi @ Chinnasamy and has given his opinion in Ex.P18, the postmortem certificate, that the deceased would appear to have died of shock and haemorrhage due to multiple injuries. (e) On 7.4.2005, at about 6.30 A.M., when P.W.6, the Chairman of Vikram Memorial Matriculation School, Mallur, was in his house, the accused appeared before him and gave a confessional statement, and the same was recorded by him in his letter pad, and it is marked as Ex.P4. THEreafter, he produced both the accused before the respondent police. Both were enquired by the Investigator. A-1 gave a confessional statement. THE admissible part is marked as Ex.P7. Pursuant to the same, M.O.3, wooden log, M.O.4, rope, and M.O.5, iron pipe, produced by him were recovered under a cover of mahazar. THEy were sent for judicial remand. (f) THE witnesses were produced before the Judicial Magistrate No.II, Salem, who is examined as P.W.10, before whom they gave statements, which were recorded under Sec.164 of Cr.P.C. THEy were all produced before the Court. THE material objects recovered from the place of occurrence and from the dead body and M.Os.3 to 5 were subjected to chemical analysis which has brought forth Ex.P20, the chemical analyst's report, and Ex.P21, the Serologist's report. On completion of investigation, the Investigating Officer filed the final report.

(3.) ADDED further the learned Counsel that in the instant case, first he was taken to Government Mohan Kumaramangalam Medical College Hospital, and P.W.12 was the Doctor who admitted him, and he was found to be conscious but, the name of the person who admitted him and also the name of the injured all remained unknown and that if to be so, the evidence of P.Ws.1 and 2 as if he gave a dying declaration should have been rejected. The learned Counsel would further add that in the instant case, except this the prosecution had no evidence to offer, and even all the material objects as if they were recovered from A-1 pursuant to the confessional statement were all cooked up records.