P MAHENDREN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional District and Sessions Division, Fast Track Court No.IV, Madurai, in S.C.No.209 of 1997 whereby the appellant who is shown as A-2 along with three others stood charged under Sec.302 read with 34 of IPC, tried and found guilty under Sec.302 of IPC and awarded life imprisonment along with a fine of Rs.1000/- and default sentence.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus: (a) P.W.1 is a resident of Cumbum. THE deceased Rajangam was the brother of P.W.1. A-1 to A-4 belonged to Bodi. A-1 and A-3 are son and mother respectively. Eight years prior to the date of occurrence i.e., on 19.03.1996, they were moving in the street to the west of P.W.1's house. P.W.1 had given a sum of Rs.5,000/- as loan to A-4. When she demanded return of the money, A-4 begun to quarrel with her and supporting A-4, A-1 to A-3 also quarreled with P.W.1. At that time, P.W.7, whose house is situate to the west of A-4's house, intervened and pacified the situation. Two days later, P.W.1 went to P.W.3's house by the street where A-4's house is situate. At that time, A-4 abused her. She reported this to her husband, who kept quiet. THEn P.W.1 got angry and went to her mother's house. She asked for her brother the deceased and her father. Her mother informed her that both of them had gone to work. She spent that night at her mother's house. At about 4.00 a.m., the deceased came home. She immediately reported to him about the incident. THE deceased removed his shirt, which was drenched with meat and proceeded to the house of A-4 to question her about the quarrel. P.Ws.1 and 3 followed him. At that time, the street light was burning, apart from the lights in the houses of P.W.7 and Mayakkal. THE deceased asked A-4 and the other accused how they can quarrel after borrowing money. At that time, A-1 came with a knife from A-4's house, while A-2 came with an iron rod and A-3 came with an iron rod. A-1 stabbed the deceased on the back of his head with the knife. A-2 attacked the deceased on the forehead with a rod and also on the left flank. A-4 attacked the deceased on the right knee with a bucket. THE deceased fell down. Immediately, A-1 with the knife stabbed him repeatedly on the back. A-3 hit the deceased on the right thigh below the knee with the knife. P.W.1 shouted. A-1 threatened her. THE deceased died instantaneously. On hearing her cry, P.W.6, the sister-in-law, came to the scene of occurrence. P.W.1 told P.W.6 about the happenings. P.W.6 asked her to inform P.W.5, who is another brother. Accordingly, P.W.1 informed P.W.5. (b) P.W.5 came to the scene of occurrence, saw the deceased and went to Cumbum North Police Station. P.W.11, who was the Sub-Inspector of Police, Uthamapalayam Police Station, and who held the additional charge of Cumbum North Police Station, received the Complaint Ex.P.1, given by P.W.5, and registered a case in Crime No.48 of 1996 under Section 302 I.P.C. THEn, the printed FIR, Ex.P16, was despatched to the Court and to the higher authorities through P.W.10, the head constable. P.W.11 gave the information over phone to Cumbum South Police Station. (c) P.W.12, the Inspector of Police, attached to Cumbum South Police Station, who was in-charge of Cumbum North Police Station, on receipt of the copy of the FIR, proceeded to the scene of occurrence, made an inspection in the presence of witnesses and prepared an Observation Mahazar, Ex.P8 and a Rough Sketch Ex.P17. THEn, he recovered the blood stained earth, sample earth, an iron rod and a small bucket with handle under a cover of mahazar. He conducted inquest on the dead body of the deceased in the presence of witnesses and panchayatdars. He recorded the statements of P.W.3 and others. THE Inquest Report is Ex.P18. He also recorded the statements of P.Ws.5, 6, 7 and others. THEn the dead body was sent to the hospital through a Constable along with a requisition, Ex.P3, for the purpose of postmortem. (d) P.W.2, the Assistant Surgeon, attached to Cumbum Government Hospital, on receipt of the said requisition, conducted autopsy on the dead body of Rajangam and has noticed 8 external injuries. He has issued a postmortem certificate, Ex.P2, with his opinion that the deceased would appear to have died of shock and haemorrhage of injuries sustained and death would have occurred 8 - 12 hours prior to autopsy. (e) Pending investigation, P.W.12 arrested A-2 and A-4 in the presence of P.W.8 and another. A-2 volunteered to give a confessional statement and the admissible part is marked as Ex.P10. Pursuant to the same, he produced an iron rod which was recovered under a cover of mahazar. He brought both the accused to Cumbum North Police Station. He gave them change of clothes and recovered the blood stained clothes under a cover of mahazar. On 21.03.1996, he handed over the investigation to the Inspector of Police, Cumbum North Police Station. (f) THE Investigating Officer at the relevant point of time died and therefore, P.W.12 was again examined as P.W.13. On 22.03.1996, the second Investigating Officer examined other witnesses, including P.W.2. On 25.03.1996, he learnt that A-1 surrendered before Uthamapalayam Court and he gave a requisition to take him in police custody. On 29.03.1996, he took him in police custody and obtained the voluntary confessional statement and on the basis of the confessional statement, he recovered the knife from the tree hole. All the material objects were sent to the Forensic Sciences Laboratory for the purpose of chemical analysis. THE Serological Report is Ex.P5 and the Chemical Analysis Report is Ex.P6. After completing the investigation, on 31.05.1996, he laid the final report against the accused.

(3.) ADDED further the learned Counsel that even assuming that the prosecution has proved the factual position, the act of the appellant/A-2 would not attract the penal provision of murder since the evidence would go to show that there was a quarrel that preceded the occurrence, and hence, it has got to be considered by this Court.