MANI ALIAS MOOLIKUTTY MANI Vs. STATE

JUDGEMENT

(1.) JANARTHANAM, J. Of the ten accused, namely, accused 1 to 10 who faced trial, accused 1 and 2 alone were convicted by the Additional Sessions Judge, Madurai for the offence under Section 302 read with Section 34 and Section 201 I.P.C. and sentenced to imprisonment for life and rigorous imprisonment for one year respectively.The rest of the accused, namely, accused 3 to 10 were acquitted of all the charges. No appeal against acquittal had been preferred by the State. Accused 1 and 2 aggrieved by their conviction and sentence, came forward with this appeal.

(2.) THE brief facts are:a. Kesampatti, the scene village is situate nine miles away from Kottampatti Police Station. THE village is predominantly occupied by people belonging to Moopanar Community, very few families in the village belonged to Chettiar community. One Maruthi Chettiar (since deceased) belonged to Chettiar Community. P.Ws.4 and 5 are his wife and son respectively. THE family of the deceased owns some lands situate four furlongs away from the village. P.W.6 owns lands adjacent to the lands of the deceased and warned him to cease his illicit connection with P.W. 7. Despite this, the illicit connection continued as ever before, with the result there were skirmishes and quarrels between the deceased and accused 1.b. Sometime prior to the occurrence, which happened on 7.7.1982, accused 1 cut the deceased with an aruval terminating in criminal proceedings. Since then there prevailed feelings of animosity and rancour between accused 1 and the deceased.c. At 8 a.m. on the day of the occurrence, the deceased along with his wife P.W.4 and son P.W.5 went to his fields. At about 8.30 a.m. they returned from their fields carrying on their heads bundles of harvested stems of maize crops for covering the roofing of their house. When they were coming along the footpath at the land of one Thotha Pillai accused 1 came from the opposite direction and crossed him. Suspecting the movements of accused 1, the deceased threw the bundle on the floor and got alerted toward off attack, if any, from accused 1. At that time, the deceased was having in his hand an aruval. On seeing the posture of the deceased, accused 1 raised a hue and cry. THE rest of the accused rushed there, some of them arming with weapons like aruvals and sticks. THEreafter, the deceased P.W.4 and 5 ran towards their fields. THE deceased took shelter behind a big margosa tree and threatened the accused with dire consequences. All the accused standing from a distance then started pelting stones towards the accused. P.W.4 sensing some untoward incidents thereto happen, craved the accused by doing 'Namaskarams'not to harm her husband, the deceased. THE accused 1 told P.W.4 to make her husband, the deceased to throw away the aruvals as an act of truce. P.W.4 accordingly requested the deceased to do so and he in turn complied with her request. THEreafter, quite unexpectedly all the accused rushed towards the deceased. Accused 4 beat the deceased on his head with a stick and accused 3 gave a beating on his back with a stick. On receipt of the beatings, he fell down. Accused 2 snatching aruval thrown by the deceased inflicted cuts on his legs indiscriminately. Accused 1 inflicted several cuts with aruval he was having in his hand on the neck portion of the deceased and severed his head. THEreafter, accused 1 with the severed head and the weapon ran away towards north followed by the other accused.d. P.W.9 a menial servant in the village, on hearing that a trunk portion of the corpse was lying near the fields of the deceased, went there and saw the trunk portion of the body to be that of the deceased. P.W.2 also went and saw the trunk of the deceased lying in the field.P.W.9 then went to Melur and informed P.W.1 the Revenue Inspector of Malavalaru firka at about 2.30 p.m. about what he had seen. P.Ws.1 and 9 came to the scene at 4.30 p.m. P.W.1 recorded Exhibit P1 statement from P.W. 4. He prepared his report Exhibit P2 to the police. He despatched Exhibits P1 and P2 through P.W.9 to Kottampatti Police Station, besides sending a copy of the same to the Judicial Second Class Magistrate, Melur. He was awaiting for the arrival of the police.e. P.W.17 Sub-Inspector of Police, Kottampatti on receipt of Exhibits P1 and P2 at 7.30 p.m. registered a case in Crime 47/82 under Section 147, 148 and 302, I.P.C. He prepared express reports and sent the same to the concerned official through P.W. 14. Exhibits P11 is the printed F.I.R.f. P.W.20, Inspector of Police on receipt of the V.H.F. message at 8.30 p.m. rushed to the scene village and reached there at 10 p.m. He got the copy of the express F.I.R. from P.W.17 who was there and looked up further investigation in the case. He went to the scene and found the trunk portion of the corpse lying there. Since it was night time, he could not make any further progress in the investigation. He posted constables to guard the body during night hours.g. THE next day morning, namely, 8.7.1982, at 6.30 a.m. he prepared observation mahazar, Exhibit P15. He drew a rough sketch, Exhibit P16 of the scene of occurrent. He caused photographs to be taken of the trunk portion of the corpse by P.W. 18. M.Os.4 and 20 are the negatives. Between 7.30 and 10.30 a.m. he held inquest over the trunk. During inquest, he examined P.Ws.1, 4, 10 and 11. Exhibit P17 is the inquest report. After inquest, he sent the trunk to the Government Hospital, Melur, through the constable, P.W.15 along with Exhibit P3 requisition for purpose of autopsy. At 11 a.m. he seized from the scene M.O.16 dothi, M.O.17 bloodstained earth and M.O.18 sample earth under Exhibit P18. At 11.30 a.m. he seized M.Os.5 and 6 sticks and M.O.7 series five stones under Exhibit P19. He seized the bundle of harvested stems of maize crops M.O.10 from the Lands of Thotha Pillai under Exhibit P20. Exhibits P15 and P18 to P20 were attested by P.Ws.10 and 11. He searched for the accused and all of them were absconding.h. P.W.3 the doctor attached to the Government Hospital Melur conducted autopsy over the trunk at 4.30 p.m. Exhibit 4 is the post mortem certificate. THE Doctor opined that the deceased would appear to have died of haemorrhage and shock due to decapitation of head and injury to big vessels of neck and multiple injuries over the left side thigh, neck and shoulder. He further opined that injury Nos.1 to 6, 9 and 10 could have been caused by a weapon like M.Os.1 and 2 aruvals that the other injuries could have been caused by stone or stick and the death could have occurred 30 to 32 hours prior to autopsy. After autopsy, P.W.15 seized from the trunk M.O.8 towel M.O.9 bronze ring and M.O.19 waist chord and handed them over at the police station.i. On 10.7.1982 at 11 a.m. P.W.20 arrested accused 1 and 2 at Sambapatti branch Road. Accused 1 and 2 voluntarily gave confessional statements in the presence of P.Ws.12 and 13 and their statements were recorded separately. Exhibit P21 is the admissible portion of the confession statement of accused 1. Exhibit P22 is the admissible portion of the confession statement of accused 2. Pursuant to Exhibit P21 accused took P.W.20 and other to his coconut tope and produced M.O.2 aruval from the manure pit. M.O.2 was seized under Exhibit P23. Pursuant to Exhibit P22 accused 2 also took out and produced M.O.1 from a manure pit and the same was seized under Exhibit P24. THEn accused 1 and 2 took P.W.20 and others to Alagarmalai took out and produced a severed head kept concealed underneath a Karuvel tree. THE same was found inside M.O.11 canvass bag. THE severed head and M.O.11 were seized under Exhibit P26 mahazar. P.W.20 prepared an observation mahazar Exhibit P25 respecting the place where the severed head was buried. Exhibits P21 to P26 were attested by P.Ws.12 and 13. Between 5 and 6 p.m. P.W.20 held inquest over the severed head. Exhibit P27 is the inquest report. After inquest, he sent the severed head through P.W.16 along with requisition Exhibit P5 to the Government Hospital, Melur for the purpose of autopsy. He then took accused 1 and 2 to the police station and seized from accused 1 his dhothi M.O.12 and underwear M.O. 13. He seized from accused 2 his dhothi M.O.14 and trouser M.O.15.j. THE doctor P.W.3 conducted autopsy at 12.30 p.m. on 11.7.1982. Exhibit P6 is the post-mortem certificate. During the course of autopsy, he sent the skull and vertebra to the Tamil Nadu Forensic Science Laboratory, Madras for opinion. On receipt of the reports, Exhibits P13 and P14 from P.W.19, Assistant Professor, Forensic Medicine, Madras Medical College, Madras. THE doctor P.W.3 opined that the trunk and the head belonged to one and the same person.k. P.W.20 sent accused 1 and 2 to the Judicial Second class Magistrate's Court for remand. THE rest or the accused 3 to 10 were subsequently arrested and sent to Court for remand.1. On 17.7.1982, P.W.20 gave a requisition Exhibit P28 to P.W.3 to send through Court the incriminating articles skull and vertebra of the deceased to the Chemical Examiner for the purpose of analysis.m. P.W.8, Assistant attached to the Judicial Second Class Magistrate's Court, Melur sent the incriminating articles to the chemical Examiner for the purpose of analysis as per the directions of the Magistrate, under the Original of Exhibit P8, office copy of the latter. Exhibits P9 and P10 are the reports of the Chemical Examiner and the Serologist respectively.n. After completing the formalities of the investigation P.W.20 laid a report under Sec.173, Crl.P.C. before the Judicial Second class Magistrate, Melur on 16.12.1982 for the offences under Secs.147, 148, 336 and 302, I.P.C. appeared to have been committed by the accused.

(3.) THE learned Sessions Judge, on perusal of the evidence placed before him and after hearing the arguments of the learned Public Prosecutor and the learned Counsel for the defence found accused 1 and 2 alone guilty under Sec.302 read with Sec.34, I.P.C. and Sec.201, I.P.C. convicted and sentenced them as stated above, while acquitting the rest of the accused in respect of the charged framed against them and accused 1 and 2 in respect of the charged under Sec.148, I.P.C.