PRABHU ALIAS PRABAKARAN Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges a judgment of the Principal Sessions Division, Vellore, in S.C.No.273 of 2004 whereby the appellants three in number, stood charged, tried and found guilty as follows:TABLE2. The short facts necessary for the disposal of this appeal can be stated as follows:(a) P.W.1 is the brother's wife of the deceased Ekambaram. Ekambaram was a bachelor. The accused were also residing in the same colony where P.W.1 and her family members were residing. They were relatives. P.W.1's husband used to go to the house of the accused. The deceased was asking A-2 to give his daughter Lavanya for marriage. But A-2 was refusing. In that there arose strained relationship. On the date of occurrence that was on 24.4.2003, pursuant to the quarrel between the accused and the deceased, A-2 caught hold of the hair of P.W.1, while A-3 caught hold of the deceased Ekambaram. A-1 brought acid and poured the same on P.W.1 and also Ekambaram by saying "You die. You should not think of any other girl". P.W.1 sustained burn injuries on her face, chest, right hand shoulder and other parts of the body, while Ekambaram also sustained severe burn injuries. P.Ws.2 and 3 who were standing nearby, witnessed the entire occurrence. They took both P.W.1 and Ekambaram to Vellore Christian Medical College Hospital. (b) P.W.6, the Assistant Surgeon, attached to the Government Hospital, Vellore, was on duty on 25.4.2003. At about 12.05 hours, P.W.1 was admitted. He examined her, and the injuries are noted in the accident register copy, Ex.P7. On the very day, P.W.6 examined A-1 at about 12.30 hours, and the injuries were noted in the accident register copy Ex.P8. (c) P.W.7, the Assistant Professor in the Government Hospital, Vellore, at about 4.45 P.M. On 25.4.2003, examined A-

(2.) ON examination, he found acid injuries at the back and right fore arm and A-2 was treated as out-patient. Ex.P10 is the accident register copy in that regard. At about 4.50 P.M., he gave treatment to A-3, found acid burn injuries on the face and back and issued Ex.P11 the accident register copy. (d) P.W.15, the Sub Inspector of Police, attached to the respondent police station, at about 4.00 A.M. on 25.4.2003, on intimation went to the Government Hospital, Vellore, and recorded the statement of P.W.1 marked as Ex.P1. ON the strength of the same, a case in Crime No.100 of 2003 under Sec.307 of IPC was registered. Ex.P18, the printed FIR, was despatched to the Court along with Ex.P1. (e) P.W.18, the Inspector of Police, on receipt of the copy of the FIR, took up the case for investigation. He proceeded to the spot, made an inspection and prepared an observation mahazar, Ex.P12, and a rough sketch, Ex.P22. Then he proceeded to the place of occurrence where he took the photographs through P.W.10, the photographer. The photographs and negatives are also marked as Ex.P15 series. P.W.18 proceeded to the Government Hospital and recorded the statement of the witnesses. ON the same day at about 2.00 P.M., he arrested A-1 to A- 3. They gave their confessional statements voluntarily, which were also recorded. Further, all the documents were sent to the Court. (f) ON 6.5.2003, despite treatment, Ekambaram died, and an intimation was sent to the respondent Police Station. The case was amended to Sec.302 IPC. The express report, Ex.P23, was despatched to the Court. Then, the inquest was conducted by the Investigating Officer in the presence of witnesses and panchayatdars, and he prepared an inquest report, Ex.P24. Thereafter, a requisition was given to the hospital authorities for the purpose of autopsy.(g) P.W.5, the Doctor, attached to the Government Hospital, Vellore, on receipt of the requisition, conducted autopsy on the dead body of Ekambaram and has given his final opinion under Ex.P5, the postmortem certificate, that the deceased would have died of septicemia due to acid burns about 9 to 11 hours prior to autopsy. (h) All the material objects were sent for analysis. Ex.P3 is the chemical report. P.W.18 examined all other witnesses and recorded their statements and thereafter, filed the final report under Sections 341, 326, 302 r/w 34 IPC as against A-1 and under Sections 341, 302, 326 r/w 109 IPC as against A-2 and A-3.

(3.) THE learned Counsel would further submit that actually there was a free melee, and fight was going on pursuant to the quarrel even as per the available evidence that as far as accused are concerned, in order to prove the defence plea, D.Ws.1 and 2 were examined that from the evidence of D.Ws.1 and 2, it would be quite clear that it was the deceased who came with the can filled with kerosene, and it was he who actually poured kerosene on the accused that further in the instant case, P.Ws.1 and 3 have categorically admitted that they first went to the police station and thereafter to the hospital, and thus they should have given the complaint to the respondent police at the earliest and that the said complaint has been suppressed for the reasons known to the prosecution.