KARUNA @ KARUNAKARAN Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the appellants challenging the conviction and sentence passed by the learned Addl. District & Sessions Judge (Fast Track Court No.I), Chengalpet, in S.C. No.264 of 2009.

(2.) It is the case of the prosecution that on 14.11.04 around 11.30 a.m., the accused party were playing cricket in the Secretariat Colony ground, where the deceased party were also playing cricket in one corner. On account of previous enmity, Karunakaran (A-1), Sugumar (A-2) and Shanmugam (A-3) picked up a quarrel with the deceased party for playing cricket in that ground. In the quarrel, Karunakaran (A-1) attacked Senthilvel (deceased) with a cricket bat and Sugumar (A-2) belaboured Senthilvel with a cricket stump. On seeing this, when Senthilvel's brother Thanikachalam (P.W.1) intervened, Shanmugam (A-3) assaulted him with a stump. Senthilvel and Thanikachalam (P.W.1) suffered injuries. They were immediately taken by their grandmother, Raji (P.W.3), Kumudha (P.W.5) and one Shanthi (not examined), who are neighbours, to S.P. Hospital, where they were examined by Dr.Sumathi (not examined), who treated Thanikachalam (P.W.1), but referred Senthilvel to the Government Royapettah Hospital for further treatment. From the Government Royapettah Hospital, Senthilvel (deceased) was referred to Rajiv Gandhi Government General Hospital (for short 'General Hospital'), where he was examined by Dr.Fernandas (P.W.10). Senthilvel was admitted as in-patient on 14.11.04 at General Hospital and surgery was performed on his head.

(3.) On the complaint lodged by Thanikachalam (P.W.1), Samraj (P.W.11), the Inspector of Police, registered a case in Crime No.463/04 on 14.11.04 at 2200 hours u/s 341, 324 and 307 IPC against Karuna @ Karunakaran (A-1), Shanmugam (A-2) and known, but unnamed person (A-3) referred to as friend of Karunakaran and prepared the printed FIR (Ex.P-15) and took up investigation of the case. He went to the place of occurrence and in the presence of one Prakash (P.W.6) and Vijayakumar (not examined), prepared the observation mahazar (Ex.P-2) and drew the rough sketch (Ex.P-16). On 15.11.04, at about 1400 hours, Senthilvel succumbed to the injuries at the Government Hospital, which was communicated vide death report (Ex.P-17). On receipt of the death report, the investigating officer altered the FIR from Section 307 to Section 302 IPC and sent the alteration report (Ex.P-18) to the jurisdictional Magistrate.