SATHISH KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant, who is the second accused in S. C. No. 129 of 2007 on the file of First Additional Sessions Judge (PCR), Thanjavur, was convicted for the offences under Sections 302 (two counts), 379, 448, 201 and 380 IPC and sentenced to undergo life imprisonment for each counts under Section 302 IPC and to pay a fine of rs. 5,000 for each count, in default to undergo three years rigorous imprisonment, to undergo three years rigorous imprisonment and to pay a fine of Rs. 1,000 in default to undergo six months rigorous imprisonment for the offence under Section 379 ipc, to undergo six months rigorous imprisonment and to pay a fine of Rs. 1,000, each in default to undergo one year rigorous imprisonment under Section 201 IPC and also to undergo three years rigorous imprisonment and to pay a fine of Rs. 1,000 in default to undergo one year rigorous imprisonment under Section 380 IPC by judgment dated 30. 11. 2007. Challenging the said conviction and sentence, the appellant second accused has come forward with this appeal.

(2.) THE case of the prosecution, in brief, is as follows: pw5 Bala Kumar and PW6 Ravisankar are the sons of the deceased Venkatesan and Sagunthala, who are aged more than 70 years old. The deceased are the tenants of PW15 Tamilselvan. They came to know about A1 Krishnamurthy, who is also a tenant under pw15. PW1 Balraj has received an information on 16. 6. 2006 that a female dead body was floating in the river bed. He went to the place and found the body. He went to the police station and gave a complaint Ex P1 to the Sub-Inspector of Police, Thanjavur Taluk police Station. On receipt of the same, pw25 Sub-Inspector of police registered a case in Crime No. 310 of 2006 on 18. 6. 2006 under Section 175 Cr. P. C. The printed FIR is Ex P20. He despatched the same to the Inspector and other higher officials. Then, he proceeded to the place of occurrence. In the presence of PW2 Rajendran and sangimuthu, he prepared observation mahazar Ex P2. He prepared rough plan under Ex P21. Then, he took photographs through one Natarajan. Photographer. He conducted inquest over the dead body in the presence of panchayatdars and the witnesses and prepared Ex P22 inquest report. Then he sent the body to Thanjavur Medical college Government Hospital. PW 13 dr. Vijayalakshmi conducted post mortem on 20. 6. 2006 at 3. 30 p. m. , and found the following injuries:

(3.) PW3 Chandrasekaran is also a Village administrative Officer-in-charge of palangondarkudikadu village. On 19. 6. 2006, he received an information that a male body was floating in the river with cut injuries and contusion on the left eye. Then he went to Orathanadu Police Station and gave Ex P3 complaint. PW26 mahadevan was the Sub-Inspector of orathanadu Police Station at the relevant period. He received the complaint from PW3 and registered a case in Crime No. 313 of 2006 under Section 174 Cr. P. C. Ex P23 is the printed FIR. He had forwarded the same to the Inspector. Therefore, he went to the place of occurrence. PW27 was the Inspector-in-charge of Madukkur Police Station on 19. 6. 2006. After receipt of the FIR he went to the place of occurrence and prepared observation Mahazar Ex. P4 and rough sketch ex P24. He had examined the witnesses chandrasekaran, Jagadeesan, Thangaiyan and other witnesses and recorded their statements. He has also conducted the inquest over the dead body in the presence of panchayatdars and prepared the Inquest report under Ex P 25. Since the dead body was in a decomposed stage, post-mortem has been conducted on the spot itself. PW29 - Dr. Sivakumar is the Assistant medical Officer, Orathanadu Government hospital, who conducted the post-mortem on 19. 6. 2006. He has noted the following injuries: