RANI Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Additional Sessions Division, Fast Track Court, Dharmapuri made in S.C.No.179 of 2006, whereby A-1 and A-2 were stood charged under Section 302 IPC and A-1 to A-3 were stood charged under Sections 302 r/w S.201 IPC, tried and found guilty as per the charges. A-1 and A-2 were sentenced to undergo life imprisonment each and to pay a fine of Rs.2000/-, in default to undergo one year R.I. under Section 302 IPC and A-1 to A-3 were sentenced to undergo three years R.I. each and to pay a fine of Rs.1000/-, in default to undergo 6 months R.I. under Section 302 r/w S.201 IPC and the sentences imposed on A-1 and A-2 were ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:a)P.W.1 is the brother of the deceased Raja. A-1 is the wife of the deceased. A-2 and A-3 are the brothers of A-1. THE marriage between the first accused and the deceased took place 9 years prior to the occurrence. THE deceased was addicted to liquor and was carrying on wayward life. THE spouses had quarrel often. On 17.11.2003 at about 8.30 p.m., the deceased went to the house of his mother-in-law to call A-1 back to live with him. THEreafter, he did not return. On 18.11.2003, P.W.1 was informed that there was a dead body on the railway track nearby. Immediately, he rushed over there and found that it was that of his brother. b)THE railway employees informed to the Railway station master on 18.11.2003 as to the fact that the dead body of the deceased was lying in the railway track. On that information, a case came to be registered in Crime No.292 of 2003 under Section 174 Cr.P.C. Ex.P.25, the F.I.R. was despatched to the court. P.W.15, the Sub Inspector of Police of Railway police went to the spot and made an inspection in the presence of the witnesses. He prepared the observation mahazar and Ex.P.27, the rough sketch. He recovered the material objects from the place of occurrence under a cover of mahazar. THEn, he conducted inquest on the dead body of the deceased in the presence of the witnesses and panchayatdars and prepared Ex.P.28, the inquest report. THEn, the dead body was sent for the purpose of autopsy. P.W.1 did not entertain any suspicion and that the railway police closed the case as it was the railway accident. c)P.W.17, the Doctor attached to the Government Hospital, Dharmapuri, on receipt of the requisition, has conducted autopsy on the dead body of the deceased and has issued Ex.P.33, the post-mortem certificate, wherein he has opined that the deceased would appear to have died of shock and haemorrhage due to the multiple injuries sustained. d)A-1 to A-3 were called for and were enquired before the villagers. But they came forward to state that they did not know anything about the incident. THEreafter, on 02.12.2003, again they were called and A-1 and A-2 made extra judicial confession to P.W.2 in the presence of P.W.1, P.W.5 and villagers that on the date of occurrence, the deceased came in a drunken mood and quarreled with A-1 and at that time, A-1 pressed his testicles and when he fell sown, it was A-2, who dashed him on the ground and caused his death and in order to screen the evidence, A-1 to A-3 took the dead body and placed it on the railway track. e)After knowing about the same, P.W.1 went to the railway police and gave the complaint. THE matter was referred to Palacode Police station, the respondent herein. On the strength of Ex.P.1, the complaint received from P.W.1, a case came to be registered by the respondent police in Crime No.661 of 2003 under Sections 302 and 201 IPC. Ex.P.34, the F.I.R. was despatched to the Court. f)P.W.19, the Inspector of Police, took up the investigation, proceeded to the spot and made an inspection in the presence of the witnesses. He prepared Ex.P.35 and P.37, the observation mahazars and Exs.P.36 and P.38, the rough sketches. He examined the witnesses and recorded their statements. M.O.1, the pant of the deceased was recovered and the same was identified by P.W.1. A-1 to A-3 were arrested and A-1 came forward to give confessional statement, which was recorded in the presence of the witnesses, the admissible part of which was marked as Ex.P.6. Pursuant to the same, A-1 produced M.Os.2 and 3, clothes, which were recovered under a cover of mahazar. THE material objects were recovered from the place of occurrence under a cover of mahazar. THE second and third accused also came forward to give confessional statements, which were recorded in the presence of the witnesses. THE admissible parts of the confessional statements of A-2 and A-3 were marked as Exs.P.40 and P.39. THE accused were sent for judicial remand. THE Investigator examined the witnesses and recorded their statements. THE material objects recovered were sent for chemical analysis. Ex.P.14, the Chemical Analyst's report and Ex.P.15, the Serologist's report were received. On completion of the investigation, the Investigating Officer has filed the final report.

(3.) THE court heard the learned Additional Public Prosecutor on the above contentions and has paid its anxious consideration on the submissions made.