JAGADEESAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the I Additional Sessions Division, Salem made in S.C.No,324 of 2006 whereby these two appellants/A2 and A4 along with other accused ranked as A1 and A3 stood charged, tried and found guilty as follows: -TABLE- The sentences are ordered to run concurrently.

(2.) THE short fact necessary for the disposal of this appeal can be stated as follows: (a) P.W.1 was the resident of Gorimedu Nellikadu Mariamman koil Street. On 31.10.2004, P.Ws. 2 and 5 went to Rohini theatre, at Chinnathirupathi to witness a film. During interval, Appu hit on P.W.5 and the same was questioned by P.Ws.2 and 5. At that time, the said Appu and others had beaten them. Immediately, P.Ws. 2 and 5 went home and informed it to P.W.1 at about 9.15 p.m. On hearing this, P.W.1 along with P.Ws. 2 and 5, P.Ws. 3 and 4 and the deceased went to the theatre and they were waiting outside the northern gate of the Rohini theatre. After the film was over, A1 to A4 and the juvenile accused in whose respect the case was split up, came out of the theatre. THE deceased Karthikeyan questioned A1 why they had beat P.Ws. 2 and 5. Immediately, A1 asked the other accused to catch hold of the deceased. A2 and A3 caught hold of the deceased and A1 took a knife and stabbed him twice on the stomach. When P.W.4 intervened, he was caught hold by A4 and the juvenile accused and the other accused by name Negro @ Jayakumar stabbed him. When there was distress cry and crowd gathered, all the accused fled away from the place of occurrence. (b) THE deceased was first taken to Salem Medical Centre at 10.30 p.m. where P.W.10 doctor, after giving initial treatment told the witnesses to take the severely injured Karthikeyan to the Government Hospital since his condition was very critical. THEreafter, he was taken to Shanmuga Hospital where he was treated by P.W.11 doctor, at 11.30 p.m. where the doctor advised the witnesses to take him to the Government Hospital. Accordingly, the other witnesses took him to the Government Hospital, Salem, where he was declared dead at about 12.30 a.m. (c) P.W.4 was taken to Salem Ruthramoorthy Hospital where P.W.12-doctor gave initial treatment and the doctor asked the witnesses to take him to the Government Hospital. THE accident register copy in respect of P.W.4 was marked as Ex.P.11. (d) P.W.1 proceeded to Hasthampatti Police Station and gave Ex.P1, report to P.W.16 Sub- Inspector of Police. On the strength of Ex.P1, report, a case came to be registered in Crime No.1962/2004. under sections 147, 148, 341, 307 and 302 I.P.C. THE F.I.R. Copy, Ex.P.21 was dispatched to Court. (e) On receipt of the copy of F.I.R., P.W.18 Inspector of Police took up investigation, proceeded to the spot, made an inspection and prepared an observation mahazar Ex.P.2 and also drew a rough sketch Ex.P.25. THE dead body was photographed through P.W.14 photographer. THE photographs and the negatives were marked as Exs.P15 & P16 series respectively. Following the inquest made on the dead body, the investigating officer prepared Ex.P.26, inquest report in the presence of witnesses. (f) THE dead body was subjected to post mortem. P.W.17- doctor, attached to Government Hospital, Salem conducted autopsy on the dead body of the deceased Karthikeyan and gave his opinion in Ex.P.24, post mortem certificate that the deceased died out of shock and haemorrhage due to stab injury to right lung and liver. (g) Pending investigation, A1 and the juvenile accused were arrested and they gave confessional statement and the same was recorded. THE admissible part of the confessional statement of A1 was marked as Ex.P.5, pursuant to which he produced a knife and a blood stained shirt which were recovered under a cover of mahazar. THE other accused A2, A3 and A4 were also arrested and they were also sent for judicial remand. All the material objects recovered from the place of occurrence, from the dead body and also the material objects recovered from the accused which were produced pursuant to the confession statement were subjected to chemical analysis which brought forth two reports viz., chemical report Ex.P19 and the serologist report Ex.P.20. On completion of the investigation, the investigating officer filed a final order. (h) THE case was committed to the Court of Sessions. Necessary charges were framed. In order to substantiate the charges levelled against the accused, the prosecution examined 18 witnesses and relied in 26 exhibits and 14 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under section 313 Cr.P.C. THEy denied them as false. No defence witness was examined. THE Court heard the arguments advanced on either side and took the view that the prosecution has proved its case beyond reasonable doubt and found the accused guilty and rendered the judgment of conviction and sentence as referred to above. Hence, these appeals at the instance of A2 and A4.

(3.) IT was not the case of the prosecution that they attacked P.W.2 or P.W.5 with any weapon but they have only beaten them with hands. IT is also further claimed by the prosecution that P.Ws. 2 and 5 came to the house of P.W.1 and informed him what had happened in the theatre. Immediately, P.W.1 along with 5 others went to the theatre. Thus, the prosecution witnesses were the aggressors at the time when the occurrence had taken place.