ESWARAN Vs. STATE

JUDGEMENT

(1.) THE appellants, who are A.1 and A.2 in Sessions Case No. 195 of 2006 on the file of the Additional District and Sessions Judge [Fast Track Court No.I], Erode, stand convicted for the offences under Sections 449, 302 r/w 34 and 506(ii) IPC and sentenced to undergo ten years Rigorous Imprisonment for the offence under Section 449 IPC; life imprisonment for the offence under Section 302 r/w 34 IPC; and two years Rigorous Imprisonment for the offence under Section 506(ii) IPC and the sentences were ordered to run concurrently. Aggrieved by the said conviction and sentence, the accused have preferred the present appeal.

(2.) THE case of the prosecution is that deceased Murugan is the brother of P.W.1 Kali. A.1 Easwaran and one Mani are the sons of A.2 Selamban. Mani used to talk with the wife of deceased Murugan. As such there was frequent quarrel between deceased Murugan and Mani. On the date of occurrence, i.e. on 28.5.2006, at about 7.00 p.m., when deceased Murugan was in the house of P.W.1 Kali, A.1 Easwaran and A.2 Selamban came there and dragged deceased Murugan and took him near Perumal temple. A.1 Easwaran attacked deceased Murugan with wooden cot leg on his hands and A.2 Selamban attacked deceased Murugan using the wooden cot leg on his head. THEreafter, A.1 Easwaran and A.2 Selamban ran away from the scene of occurrence. This occurrence was witnessed by P.W.2 Ponnusamy, who is the brother-in-law of P.W.1 Kali, and also by P.W.3 Semalaigounder. P.W.1 Kali and P.W.2 Ponnusamy covered the wounded place of injured Murugan using cloth. On the next day morning, i.e. 29.5.2006, deceased Murugan was taken to Tiruppur Government Hospital. P.W.6 Dr. Senthil had seen deceased Murugan and also noted the following injuries (1) Cut injury scalp left occipital region, size 5 x 1 cms.; (2) Cut injury scalp left parietal region 4 x 1 cms.; (3) Fracture right humerus with multiple abrasion 1 x 1 cm.; and (4) compound fracture left humerus with multiple laceration injury, size 5 x 4 cms and 6 x 4 cms. Ex.P4 is Accident Register Extract. As injuries were serious, he advised to take injured Murugan to Coimbatore Medical College Hospital. Injured Murugan was also taken to Coimbatore Medical College Hospital on 29.5.2006 at 2.53 p.m. In the meantime, P.W.10 Sub-Inspector of Police of Uthukkuli Police Station, on receiving the intimation from the Out-Post Police Station of Tiruppur Government Hospital, went to Tiruppur Government Hospital and as he came to know that the patient had already been sent to Coimbatore Medical College, Hospital, he reached there on 29.5.2006 at 8.30 p.m. As Murugan was unconscious and not in a position to speak, he could not get any statement from him. On 30.5.2006, at 5.30 a.m., he recorded the statement from P.W.1 Kali and came back to the Police Station and registered a case at 8.00 a.m. in Crime No.313/06 under Sections 452, 324, 506(2) IPC. Ex.P14 is the First Information Report. Later, he went to the scene of occurrence and prepared Ex.P2 Observation mahazar, drew Ex.P15 Rough Sketch and recovered M.O.3 wooden cot leg under Ex.P3 and on the same day, at 12.15 p.m., he arrested both the accused near Sadayampathi bus stop and sent them for remand at about 2.00 p.m. and at about 4.00 p.m., he recovered M.Os.1 and 2 shirt and dhoti respectively, of the deceased from one P.W.2 Ponnusamy, under Form 95, which is Ex.P16. Injured Mohan, who was in the hospital, died on 13.6.2006 at 1.00 a.m. and Ex.P12 is the Death Intimation. P.W.9 Sub-Inspector of Police, on receiving the death intimation, altered the offence to one under Section 302 IPC and prepared Ex.P13 Express First Information Report. P.W.11 Inspector Raju, on receiving copy of the Express Report, went to Coimbatore Medical College Hospital and conducted inquest and examined P.Ws.1 to 3 and others. Ex.P17 is the Inquest Report. At about 4.00 p.m., he sent the requisition through Head Constable for conducting post-mortem on the body of the deceased. P.W.7 Dr.Menaka Sekar, on receiving Ex.P5 Requisition, conducted Autopsy at 4.05 p.m. and found the following " "Injuries:

(3.) THE accused were examined under Section 313 CrPC and they denied their complicity. No witness was examined and no document was marked on the side of the defence.