SARAVANAN Vs. STATE

JUDGEMENT

(1.) THIS Appeal arises out of judgment dated 31.1.2008 in S.C. No. 58 of 2000 on the file of learned Special Judge (Principal Sessions Judge), Villupuram, convicting appellant/A3 - Saravanan under Section 302 IPC read with. Section 3(2)(v) of S.C./S.T. (P.A) Act 1989 and sentencing him to undergo life imprisonment and also imposing a fine of Rs. 2,000/-. Trial Court acquitted A2 to A5 and A6 to A8 of various charges.

(2.) CASE of prosecution in a nut-shell is as follows:(i) P.W.3 - Mary is the wife of deceased Arunagiri. The deceased Arunagiri is Aunt-s son of P.W.1 - Venkatesan. P.W.4 - Parvathi is the mother of deceased Arunagiri. P.W.2 - Kumaravel is the brother of deceased Arunagiri. Appellant/A3 - Saravanan is the son of A4 - Natesan. A6 - Rajendran, A7 - Singaram and A8 - Thangarasu are brothers. The deceased Arunagiri belonged to Hindu, Adi-Dravidar Community and A1 to A5 belonged to Hindu, Vanniyar Community.(ii) Deceased Arunagiri paid Rs. 1,000/- to A1 - Arumugam. Arunagiri and P.Ws. 1 & 2 viz., Venkatesan and Kumaravel, demanded to return the amount. On instigation by A1 - Arumugam, appellant/A3 - Saravanan cut Arunagiri with knife on his head A4-Natesan assaulted with stick on his back A5-Rajavelu assaulted deceased Arunagiri with iron pipe on his chest. Deceased Arunagiri fell down and blood was oozing from the mouth and nose of deceased Arunagiri. While P.W.2-Kumaravel, brother of deceased Arunagiri, intervened, accused chased him and P.W.2 fell down in a coconut groove. While P.W.3-Mary intervened, A1 - Arumugam and A4-Natesan assaulted her with stick. Since, P.W.3_Mary was in the advanced stage of pregnancy (9 months), she was not able to get up.(iii) Deceased Arunagiri and P.W.3-Mary were taken to Government Hospital, Tindivanam. P.W.4-Parvathi, mother of deceased Arunagiri was cooking at the time of occurrence and she came to know about the occurrence and proceeded to the Government Hospital. Tindivanam and found her son with injuries, Subsequently, deceased Arunagiri and P.W.3-Mary were referred to Government Hospital at Chennai, where Arunagiri died. P.W.3-Mary gave birth to a child in Government Maternity Hospital.(iv) On 21.6.1999, P.W.12 - Sub - Inspector of Police proceeded to the scene of occurrence and inspected the same in the presence of P.W.6-Elumalai, Village Assistant and one Thangaraj and prepared Exhibit P-2-Observation Mahazar and Exhibit P - 19 - Rough Plan. P.W.12 also recovered M.O.1 - Blood Stained Earth, M.O.2 - Sample Earth and M.O.3 -Piece of Dhoti under Exhibit P-3-Mahazar. Since Arunagiri died, P.W.-12 altered the charge to under Section 302 IPC and prepared Exhibit P-20-Alteration Report.(v) P.W.7 -Dr. Valavan, Assistant Surgeon, Tindivanam Government Hospital, examined Arunagiri on 20.6.1999 and noted the following injuries viz., (i) A lacerated injury on the left parietal region (ii) A contusion on the left side fore head and (iii) A lacerated injury on the left side chin.(vi) on the same day (20.6.1999) at about 8.30 p.m., P.W.7 - Dr. Valavan examined Mary and noted the following injuries: (i) A contusion on the right wrist (ii) A contusion on the left fore arm (iii) A contusion on the left side of the anterior abdominal wall (iv) A contusion on the left side hip.(vii) P.W.1 - Venkatesan sent to Brammadesam PS on 20.6.1999 in the night at about 11.00 p.m. and lodged Exhibit P-17-Complaint, On the basis of Exhibit P-17-Complaint, P.W.12-Palanisamy, Sub-Inspector of Police, registered a case in Cr. No. 289 of 1999 under Section 147, 148, 323, 324 and 506 (ii) IPC.(viii) P.W.13 - Nithiyanandan, Inspector of Police, had taken up the case for further investigation. On 22.6.1999, P.W.13 went to Government Hospital, Chennai and in the presence of Panchayatars witnesses were examined and inquest was held on the body of deceased Arunagiri. Exhibit P-21 is the Inquest Report. After inquest, the body was sent to autopsy. P.W.14 - Dr. Shanmugam, Tutor in Forensic Medicine, Madras Medical College, Madras, conducted autopsy on the body of deceased Arunagiri on 22.6.1999 at 1.40 p.m. and noted the following injuries: (i) Oblique sutured wound 4 cms long with 4 sutures over right side scalp (ii) Vertical sutured wound 3 cms long with 3 sutures over top of the scalp (iii) Cut injury 2 x 0.5 cm x bone deep over right side fore head (iv) A sutured wound 3 cms long with 3 sutures over left side of lower lip (v) Abrasions were noted on both legs (right leg, left leg and left knee). On dissection, extensive bruising of scalp tissue with fissured fracture of left side frontal and occipital lobes and fracture separation of sagittal and coronal sutures. On further dissection, Epiduralhaematbma over mid parietal and left side frontal regions were noted. Opining that deceased Arunagiri died of head injuries sustained by him, P.W.14 - Dr. Shanmugam issued Exhibit P-28-Post-Mortem Certificate.(ix) During investigation P.W.13 - Nithiyanandan, Inspector of Police, came to know that accused abused the deceased by calling his Caste name and hence, altered the charges into Section 147, 148, 323, 324, 506(ii) and 302 IPC and prepared Exhibit P-23-Alteration Report. P.W.11 - Subramanian, Tahsildar, Tindivanam, issued Exhibit P-16-Community Certificate stating that deceased Arunagiri and A6 to A8 belonged to Hindu Adi-Dravidar Community and A1 to A6 belonged to Hindu, Vanniyar Community.(x) On 23.6.1999 at about 5.00 a.m., P.W.13 - Inspector of Police arrested appellant/A3-Saravanan and other accused Natesan (A4), Rajavelu (A5) and Thangarasu (A8). Confession statement of appellant/A3-Saravanan led to recovery of M.O.4-Billhook under5 Exhibit P-25-Seizure Mahazar. Confession statement of other accused led to recovery of M.O.6 to M.O.8-Thorny Sticks and M.O.9 to M.O.11-Eucalyptus Sticks under Exhibit P-25-Mahazar. Confession statement of Rajavelu (A5) led to recovery of M.O.5-Iron Pipe under Exhibit P-26-Seizure Mahazar. After receipt of Chemical Analysis Report (P-13) and on completion of due investigation, final report was filed against accused under Section 147, 148, 323, 324, 506(ii), 302 IPC read with 149 IPC read with Section 3(2)(v) of S.C/S.T Act.(xi) To substantiate the charges against accused, prosecution had examined P.Ws.1 to 15. Exhibit P-1 tp P-28 and M.Os. 1 to 11 were marked. Accused were questioned under Section 313 Cr.P.C. about the incriminating evidence and circumstances. Accused denied all of them and pleaded not guilty and stated that a false case was foisted against them.(xii) Upon consideration of evidence, learned Special Judge (Principal Sessions Judge), Villupuram held that evidence and other circumstances convincingly establish that appellant/A3 - Saravanan was responsible for the death of deceased Arunagiri and convicted appellant/A3 - Saravanan as stated in Para (1). Learned Special Judge (Principal Sessions Judge) acquitted A2 to A5 and A6 to A8 of various charges.

(3.) LEARNED Public Prosecutor would further submit that it would not be justifiable to doubt the version of P.Ws.2 and 3 on the ground that they are related witnesses. LEARNED Public Prosecutor would further submit that evidence of P.Ws.2 and 3 is amply corroborated by medical evidence and other objective findings during investigation and the conviction of appellant warrants no interference.