ARIVAZHAGAN Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the Judgment of the Sessions Division, Udhagamandalam made in S.C.No.72 of 2006 whereby the appellant/accused stood charged under Section 302 I.P.C. for causing the death of his younger brother Rajagopal by stabbing him with chisel on his stomach, left side of the chest and on the right fore-arm on 29.08.2004 at 09.30 p.m. at the family house of the appellant/accused at Vedan Vayal village and later resulting in his death in the hospital on 30.8.2004 at 01.05 hours and further in the course of the same transaction, the appellant/accused voluntarily caused hurt to Sangupillai, Ramachandran and Vanitha and thereby committed an offence under Section 324 (3 counts) of I.P.C.

(2.) ON trial, the appellant/accused was found guilty under Section 302 and 324 (3 counts) of I.P.C. and was sentenced to undergo imprisonment for life for the offence under Section 302 I.P.C. and for an offence under Section 324(3 counts) I.P.C., was sentenced to undergo Rigourous Imprisonment for 6 months each and it was merged with the sentence of imprisonment for life.

(3.) P.W.15 the Sub Inspector of Police, Gudalore Police Station after receiving information over phone at about 01.15 a.m. on 30.08.2004 has gone to the Government hospital on the same day at 02.00 a.m. and has gone to the Government hospital, Udhagamandalam at about 04.00 a.m. since the deceased Rajagopal and P.W.4 Vanitha have been referred to the Government hospital, Udhagamandalam and he has been informed that Rajagopal has expired on 01.05 hours and Ex.P20 is the death intimation and that he has recorded the statement of P.W.1 Chinnaiah and registered the case in Cr.No.427 of 2004 of Gudalore Police Station under Section 302, 324 I.P.C. on 30.08.2004 at 08.00 hrs and Ex.P21 is the First Information Report and that the copies of the First Information Report have been sent to the learned Judicial Magistrate and other higher authorities concerned.