MAHALI Vs. STATE

JUDGEMENT

(1.) THREE persons, Mahali, Maran and Palani, Harijans, residents of Hanniyada of Nilgiris were sentenced to death by the learned Sessions Judge of Coimbatore for the offence of murder under Section 302 read with Section 34, I. P. C, subject to confirmation by the High Court. The referred Trial is now before us. The condemned prisoners have also appealed and their appeals are also before us.

(2.) ON the night of 18-2-1968 it was found by P. W. 2 a watchman that a tank near Nilgiri's near Koonur, which used to receive supply from a dam higher up was not receiving its usual supply of water. The concerned authorities of the Water Works Department ultimately traced the block in the flow of water to a dead body wedged into the outlets hole of a "break" pressure tank" which is shown in the rough sketch, Ex. P. 18 prepared by the police during the investigation. This break pressure tank is a rectangular structure, 71/2' x 31/2 with a depth of 7'3". The in-let pipes and out-let pipes are so placed that a depth of 6' of water is maintained. The tank is covered with R. C. C. Slabs 7 in number laid one by the side of the other. P. W. 1, Ebben Samuel, Commissioner of Coonoor Municipality, was present at the time when the block "by means of the dead body which was partially hanging from the over-flow pipe was removed. When the covering slabs were removed another dead body with its hands and legs tied was found in the same chamber. Subsequent post mortem examination showed that these two persons had met with their death by asphyxia due to drowning. The wellknown tests for such asphyxiation like the section of the lungs exuding watery frothy mucus and similar other symptoms were clearly present. There is little doubt that these two unfortunate persons met with a watery grave in the small confined space of the break pressure tank above mentioned. The post mortem doctor fixed the time of the occurrence as 24 to 48 hours prior to the post mortem examination which was held on the 20th morning by the Civil Assistant Surgeon of the Lawley Hospital, P. W. 16. The prosecution case was that the death took place on the night of 18-2-1968.

(3.) THE villagers gathered near the scene where the dead bodies were found, one Palaniyal identified the bodies as those of two Harijans, Subban and Bethan, who were brothers. They will be referred to for the sake of reference as D. 1 and D. 2 in this judgment.