CHINNIAH ALIAS JAYARAJ Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Tiruvallur, made in S.C.No.111 of 2008 whereby the sole accused/appellant stood charged under Sections 450 and 302 of IPC, tried, found guilty as per the charges and awarded 10 years Rigorous Imprisonment along with a fine of Rs.1000/- and default sentence under Sec.450 IPC and life imprisonment along with a fine of Rs.1000/- and default sentence under Sec.302 IPC.

(2.) SHORT facts necessary for the disposal of this appeal can be stated as follows: (a) P.W.1 is the wife of the deceased Krishnamoorthy. P.W.2 is the brother and P.W.4 is also another sister of P.W.1. P.W.3 was a Carpenter by profession working in the house of P.W.1 at the time of occurrence. On the date of occurrence i.e., 18.1.2008 at about 4.30 P.M., when P.W.1 and her husband along with P.W.2 and the child were sitting in the house, the accused came there, got a chisel from P.W.3 who was doing carpentry work during the time, and uttering the words "you were responsible for myself not getting the property", attacked Krishnamoorthy with the chisel on the head and chest. He fell down in a pool of blood. Immediately, the accused ran away from the place of occurrence throwing the chisel on the ground. (b) P.Ws.1 and 2 took Krishnamoorthy with severe injuries to KMC Hospital, where P.W.7 was the Doctor on duty. He noted the injuries found on him, and the wound certificate is marked as Ex.P4. The Doctor has also declared him dead. Thereafter, an intimation was given to P.W.12, the Inspector of Police, attached to the respondent police station who came to the hospital at about 7.15 P.M. P.W.1 gave Ex.P1, the complaint, to him, on the strength of which, P.W.12 registered a case in Crime No,71 of 2008 under Sec.302 of IPC. The printed FIR, Ex.P13, was despatched to the Court. (c) P.W.12 took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P7, and also a rough sketch, Ex.P14. Then he recovered the material objects from the place of occurrence including the chisel. He went to the mortuary, conducted inquest on the dead body in the presence of witnesses and panchayatdars and prepared an inquest report, Ex.P16. (d) On receipt of the requisition made, P.W.9, the Tutor, Department of Forensic Medicine, Government Kilpauk Medical College, Chennai, conducted autopsy on the dead body of Krishnamoorthy and has issued a postmortem certificate, Ex.P6, with his opinion that the deceased would appear to have died of asphyxia due to cut injury of the trachea, haemorrhage and shock. (e) Pending investigation, the accused was arrested on 19.1.2008, and he gave a confessional statement. The same was recorded. He was sent for judicial remand. The witnesses were also taken to the Judicial Magistrate No.I, Poonamallee, for recording their statements under Sec.164 Cr.P.C. They were also recorded. All the material objects recovered from the place of occurrence and from the dead body, were subjected to chemical analysis by the Forensic Sciences Department which resulted in Ex.P19, the Serologist's report. On completion of investigation, the Investigator filed the final report.

(3.) ADDED further the learned Counsel that P.W.1 at the time of cross-examination has categorically admitted that she went to the police station and gave a complaint, which is marked as Ex.P1 that on the contrary, P.W.12, the Investigator, would claim that on receipt of the intimation he went to the hospital and got the complaint from P.W.1, which is marked as Ex.P1 that in the instant case, there are two contradictory statements that originally, there was a complaint given to the police by P.W.1 and it was received by P.W.12 at the police station that the same has been suppressed that had it been really brought before the Court, it would have unfolded the truth but, that has been suppressed and that the non-production of the first complaint given by P.W.1 and received by P.W.12, was actually fatal to the prosecution case.