JEYASEELAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement dated 27-8-1984 of the Court of Session, Madurai North Division at Dindigul in Sessions Case No. 61 of 1984.

(2.) It arises from these facts: (a) The scene village D. Kamakkapatti is within the limits of Devadanapatti Police Station. The occurrence took place on 28-9-1983 at about 9-30 a.m. One Muthiah (since deceased) is the son of one Karupa Thevar (who died on 4-8-1984 before commencement of the trial). P.Ws. 1, 2 and 9 are his brothers. One Raju Thevar is their maternal uncle. Accused 1, 2 and 4 are his children. Accused 3 is their maternal uncle. (b) Raju Thevar borrowed a sum of Rs. 1,500/- from P.W. 2 one year prior to the occurrence. Six months thereafter, P.W. 2 advanced a further sum of Rs. 650/- to him for the purchase of five cents of house site in Arasamarathukadu. Raju Thevar neither returned the amount borrowed nor sold the house site to P.W. 2, in spite of his persistent demand in this regard. A day prior to the occurrence, P.W. 2 went and demanded from Raju Thevar either for the return of the amount advanced or for the sale of the house site. But Raju Thevar took a defiant attitude and refused to comply with his request. (c) At about 8 a.m. on the day of occurrence, P.W. 2 made arrangements for erecting a hut on the proposed site. At about 9-30 a.m. accused 1 to 3 came to the site, accused 1 and 3 arming with velsticks and accused 2 with soori knife. Accused 3 questioned the propriety of P.W. 2 in putting up a hut on the site. A wordy altercation ensued between P.W. 2 and accused 3, leading to a scuffle between P.W. 2 on the one hand and accused 1 to 3 on the other. P.W. 9, the deceased and their father Karuppa Thear emerged to the (sic) (scene) on hearing the hue and cry, from them. Accused 3 stabbed P.W. 2 on his back with M.O. 2 velstick. When accused 1 aimed a stab on him with M.O. 1 velstick, P.W. 2 went aside, pushed him down and bit his lower lip. Accused 2 stabbed P.W. 2 with soori knife on his right forearm. Accused 1 stabbed P.W. 9 with M.O. 1 on the left side of his chest. P.Ws. 2 and 9 took to their heels. At that time, accused 4 hurled a stone which hit on the left leg of P.W. 9. Accused 1 stabbed Karuppa Thevar on his right upper arm. He also stabbed the deceased on his left chest and flank with M.O. 1, besides the deceased being stabbed by accused 3 twice on his right flank with M.O. 2. P.W. 1 came to the rescue of the deceased. Accused 2 aimed a stab at P.W. 1 and he went aside the stab, in that process, landed on his middle, ring and little finger, besides causing an injury on the left forearm, on the deceased. The deceased fell down. Accused 4 attempted to throw a stone on the deceased. P.W. 1 prevented accused 4 from doing so. At that time, accused 2 aimed a stab on P.W. 1, which fell on the left tumb of accused 4 on his going aside. The deceased succumbed to the injuries on the spot and thereafter, the accused ran away from there. (d) P.W. 1 gave Exhibit P.1 report to P.W. 16 Sub Inspector of Police at 10.45 a.m. who in turn registered the case in Crime No. 149/83 under Ss.326, 307 and 302 I.P.C. He prepared express reports and sent the same to the concerned officials. Exhibit P.24 is the express F.I.R. sent to Court. (e) P.W. 18, Inspector of Police, took up further investigation in the case. He made arrangements for the injured on both sides to be examined and treated in the Government Hospital. He sent the body of the deceased for purpose of autopsy. (f) The doctor P.W. 8 attached to the Government Hospital, Periyakulam conducted autopsy over the body of the deceased. Exhibit P.9 is the post-mortem certificate. He opined that the deceased would appear to have died of shock and haemorrhage due to injuries to the vital organs, heart and lung. He would further opine that injury No. 1 with the corresponding internal injuries is necessarily fatal. (g) After completing the necessary formalities of investigation, P.W. 18 laid a report under S.173 Cr. P.C. before the Judicial Second Class Magistrate, Pariyakulam on 21-12-1983 for offences under Ss.323, 324, 326 and 302 read with S.34 I.P.C. appeared to have been committed by accused 1 to 4.

(3.) The learned Sessions Judge, upon committal, framed charges as detailed below against accused 1 to 4. Firstly against accused 3 under S.326 I.P.C.; Secondly against accused 2 under S.324 I.P.C.; Thirdly against accused 1 under S.326 I.P.C.; Forthly against accused 1 under S.326 I.P.C.; Fifthly against accused 2 under S.324, I.P.C.; and Lastly against accused 1 to 4 under S.302 read with S.34, I.P.C. The accused when examined as respects the same, pleaded not guilty and claimed to be tried.