RAJANGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant Rajangam who has been tried for an offence of murder of one Natarajan by the Sessions Judge, Nagapattinam in Sessions Case No. 41 of 1987 and who has been convicted and sentenced to undergo imprisonment for life by judgment dated 17-11-1987 has filed this appeal challenging the said conviction and sentence.

(2.) The prosecution case in brief for the purpose of disposal of the criminal appeal is as follows: The accused Rajangam and the deceased Natarajan were residents of Sivaramapuram in Mayiladuthurai within Kuttalam Police Station jurisdiction. The accused was a resident of Tanjore and he came and settled down in the said village since ten years. One Dhindan had leasehold right of fishing and he had not submitted the report relating to that properly and hence, there was a case against him for defalcation. A Panchayat was held in which the Panchayatdhars decided that the said Dhindan should be excommunicated and the Villagers should not help him in any way. A few days earlier to the occurrence (occurrence took place on 14-11-1986), a tree belonging to the said Dhindan had fallen into the compound of the deceased Natarajan. He asked Dhindan to remove the fallen tree and in that process, the deceased and his brother P.W.1 have rendered their services for the removal of the said tree. This made the villagers, the accused in particular, to get infuriated against the deceased and P.W.1.

(3.) On the date of the incident, i.e. on 14-11-1986 at about 12.00 midnight the accused went to the house of the deceased and called him to come out of the house asking him how he could render his services to the said Dhindan. P.W.1 who is the brother of the deceased Natarajan heard this shout from his house. P.W. 2 is the wife of the deceased; P.W.3 is the daughter of the deceased; P.W.4 is the cousin of the deceased who is residing near the house of the deceased and P.W.5 is the son of the deceased. Hearing the shout of the accused, all these people woke up and came out. P.W.1 tried to pacify the accused and asked him not to shout and told him to come on the next day. However, hearing the shout, the deceased, who was inside the house came out and questioned the accused. Then he went to a distance, near the house of one Narayanasamy and sat for answering the call of the nature. At that time, the accused followed him and cut him with aruval on his neek, scalp, cheeks, chin and thigh. P.Ws. 1 to 5 who were present there took the injured in a ear to the Kuttalam Government hospital. P.W.10 the doctor attached to them Government Hospital, Kuttalam treated the injured and since the condition of the injured was serious, suggested the injured to be removed to Mayiladuthurai Government Hospital. Accordingly, the injured was shifted in a taxi to the Mayiladuthurai Government Hospital, wherein the doctor suggested that he should be shifted to Tanjore Government Hospital for treatment. On the way to Tanjore, 15-11-1986 at about 5.15 a.m. he succumbed to the injuries. P.W.1, the brother of the deceased, went to Mayiladuthurai police station and gave a complaint Ex. P. 1 before P.W.11 the Sub Inspector of Police. On the basis of the said complaint Ex. P.1 he registered a case in crime number 272 of 1986 for an offence punishable under Section 302 of the Indian Penal Code. He prepared the first information report Ex. P.12 and sent the same to his superiors as well as to the jurisdictional Court. P.W.12 took the said first information report and forwarded the same before the Judicial Magistrate, Mayiladuthurai which was received by the Court at 9.00 a.m. P.W.16 the Investigating Officer, on receipt of the said complaint went to the scene of occurrence and prepared the observation Mahazar Ex. P.2 in the presence of P.W.7. he also held inquest over the dead body and prepared a report Ex. P.10 and during the course of inquest he recorded the statements of some of the witnesses. He made arrangements for the post mortem examination of the dead body through P.W.14. The doctor P.W.15 conducted autopsy at 11.30 a.m. on 16-11-86 and noticed the following injuries :