RAVI Vs. STATE

JUDGEMENT

(1.) APPEAL filed under Section 374(2) of Criminal Procedure Code to set aside the conviction and sentence of 7 years Rigorous Imprisonment imposed under section 304(2) I.P.C. by the Additional Sessions Judge, Pondicherry and to acquit of the offence charged. The sole accused who was prosecuted for an offence punishable under section 302 I.P.C., but was convicted for an offence under section 304(ii) IPC and sentenced to undergo rigorous imprisonment for seven years in sessions case No.11/2000 on the file of Additional Sessions Judge, Pondicherry by judgment dated 07.11.2000, has broughtforth this APPEAL under section 374 of Criminal Procedure Code challenging the conviction and sentence.

(2.) THE case of the prosecution, in brief, can be stated as follows: P.W.1, Selvaraj is the younger brother of deceased Ragu. Both of them went to Vambakeerapalayam arrack shop on 30.06.1999 at about 8.30 P.M.While they were consuming arrack purchased in the said arrack shop, the appellant/accused who had come to the said village as a guest of one Velmurugan (P.W.6) came to the said arrack shop and asked the deceased to lend a match box to lit his cigaratte. THE deceased Raghu replied him that he was not having match box as he did not have the habit of smoking. On hearing the said reply, the appellant/accused abused him with filthy language pursuant to which the deceased Raghu pushed the appellant/accused. THE appellant/accused who fell on the ground took a soda bottle which was lying there, broke it, stabbed the deceased on his neck, using the broken soda bottle and then ran away from the place of occurrence. THE above said occurrence was witnessed by P.W.1 - Selvaraj, P.W.2- Palani and P.W.3 Pappayee, both employed in the said arrack shop and also by P.W.5 - Moorthy,Immediately after the occurrence, the injured Ragu was taken to the General Hospital, Pondicherry (now Puducherry) by P.W.1 in a cycle rickshaw for treatment. However on arrival at the General Hospital, Pondicherry (now Puducherry) , P.W.10-Dr.Murali, the casualty medical officer of the said hospital examined the deceased at 9.00 P.M. on 30.06.1999, found him dead and declared that he was brought dead. After sending intimation to the police under Ex.P4, the dead body of Ragu was sent to the mortuary by P.W.10. After the deceased Ragu was declared brought dead by the casulty Medical Officer, P.W.1 went to Odiansalai Police Station and lodged a complaint under Ex.P1. THE oral statement given by him was reduced to writing by one Arumugam, Head constable, in the presence of P.W.12-Thiru.Deivasigamani, the then Sub Inspector of Police, Odiansalai Police Station and P.W.1 affixed his signature in the said statement. P.W.12-Thiru.Deivsigamani registered a case for an offence punishable under section 302 IPC against the appellant/accused in Crime No.156/1999 on the file of the above said police station based on Ex.P1-complaint. Ex.P8 is the F.I.R. prepared by P.W.12 in the printed format for the registration of the case. THE fact of the registration of the said case was informed by P.W.12 to the circle Inspector of Police. On receipt of such information, P.W.13-Mr.K.S.Ramalingam, the then Inspector of Police, went to Odiansalai police station at 10.00 P.M. received a copy of the FIR from P.W.12 and took up the investigation of the case. He then visited the place of occurrence along with P.W.12, one Arumugam (Head Constable) and P.W.1-Selvaraj. THE statements of P.W.1, P.W.2 , P.W.3 and P.W.6 and other witnesses were recorded by P.W.13 in the place of occurrence. THEreafter, P.W.13 went to the General Hospital, Pondicherry (now Puducherry) and conducted inquest on the dead body of Ragu in the presence of Panchayatars on 01.07.1999 between 8.00 P.M and 10.30 P.M and prepared Ex.P9 inquest report. P.W.13 also gave a requisition to the Resident Medical Officer for post mortem examination of the dead body of the deceased. P.W.11-Dr.R.Balaraman conducted an autopsy and issued Ex.P5 postmortem examination report. During postmortem examination P.W.11, found the following injuries on the dead body of deceased Ragu:-

(3.) THE learned principal sessions judge, Pondichery took it on file as S.C.No.11/2000 and made it over to the Court of the Additional Sessions Judge (trial court) for disposal according to law. Necessary charge for an offence punishable under section 302 I.P.C. was framed against the appellant/accused in the trial court (the Court of Additional Sessions Judge, Pondicherry, now Puduchery). THE appellant/accused pleaded not guilty and wanted the case to be tried.