RAJIV GANDHI Vs. STATE

JUDGEMENT

(1.) The sole accused aggrieved by the judgment of the Principal District and Sessions Judge, Trichy Division made in S.C.No.26 of 2013, dated 11.06.2014, has filed this Criminal Appeal before this Court. The appellant was convicted and sentenced as follows:

(2.) The case of the prosecution is that the appellant herein had a dispute with one Rajamanickam(P.W.7), when he threw cigarette bud over the petrol tank of the Bike belonging to the said Rajamanickam. This had taken place on 21.04.2012 at about 6.00 p.m. This was informed by Rajamanickam to the deceased. On 22.04.2012 at about 11.00 a.m. When the appellant was standing near the Gandhi Market, the deceased questioned the appellant as to why he had thrown the cigarette bud over the petrol tank of the bike belonging to Rajamanickam and there was a wordy quarrel between them. The deceased is said to have uttered the words to the effect that no human being can talk with the appellant and enraged by those words, the appellant had taken the bill-hook(MO1) which he was keeping in his hip portion and attacked the deceased and his first attack on the deceased was in his fore- hand, leading to a cut injury. Thereafter, the appellant again attacked the deceased and caused cut injury in the hip portion. Immediately, the deceased was taken to the hospital by P.W.1 to P.W.3 and he was treated by the Doctor (P.W.11) and he was treated as inpatient at Government Hospital,Trichy. The injuries sustained by the deceased was recorded in the Accident Register(Ex.P7).When the deceased was taking treatment, he was also attended by one more Doctor(P.W.19) and when he was taking such treatment, the deceased died at about 3.15 p.m., on the same day.

(3.) The Sub-Inspector of Police (P.W.17) received information on 22.4.2012 at about 11.40 a.m from Government Hospital about the incident. He went to the hospital and recorded the statement of the deceased Sudhakar at about 12.00 noon. It was reduced into a complaint(Ex.P15) and he also recovered the clothes that were worn by the deceased in the presence of the witnesses, under Seizure Mahazar(ExP4). Thereafter, he came back to the Police Station and registered an FIR(Ex.P16) in Crime No.305, for the offence under Sections 341,294(b) and 302 IPC. The Express FIR was sent to the Judicial Magistrate No.V, Trichy and the case was placed for investigation before the Inspector of Police.